New Judgment: Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62
09 Wednesday Oct 2013
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On appeal from [2012] 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.
For judgment, please download: [2013] UKSC 62
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII