Rajkiran Barhey, instructed by the Treasury Solicitor, was led by Julia Smyth of Landmark Chambers in a two-day hearing in the Court of Appeal in June 2023.
The case concerned a man who had lied about his nationality in various immigration applications and in his citizenship application. After the deception came to light, the Secretary of State deprived the man of his citizenship pursuant to s.40(3) of the British Nationality Act 1981, on the grounds that it was obtained by fraud. He appealed that decision. Last week the Court of Appeal handed down its judgment – available here – finding in favour of the Secretary of State.
One of the issues which arose, but which the Court declined to decide on this occasion, was whether the Supreme Court’s decision in Begum, that a review of a decision to deprive on the grounds of conduciveness to the public good pursuant to the power in s.40(2) BNA 1981 could only be reviewed on public law grounds, applied to decisions to deprive on the grounds of fraud.
Kiran also acted in another case, raising the same point of principle, which was heard by the same constitution of the Court of Appeal on the following day. Judgment in that case is awaited.
