New Judgment: Secretary of State for the Home Department v Al-Jedda  UKSC 62
09 Wednesday Oct 2013
On appeal from  EWCA Civ 358.
The Court unanimously dismissed the appeal; the Secretary of State’s order under the British Nationality Act 1981, s 40 made the respondent stateless, and was therefore void. The Secretary of State argued that Al-Jedda could have applied to the Iraqi authorities for restoration of his nationality, that he had a right to its restoration and that restoration would have been effective immediately, but that premise was not clearly established. In any event, from a plain reading of the statute and surrounding guidance, the question was simply whether the person held another nationality at the date of the order depriving him of his British citizenship.