G5 v SSHD 2024 SIAC

David Chirico KC and Margo Munro Kerr were instructed by Alex Rowe and Dan Furner at Birnberg Pierce in a successful application to set aside a strike out order and to extend time for an appeal against deprivation of citizenship before the Special Immigration Appeals Commission (SIAC).

The Applicant, G5, was deprived of his citizenship in 2022, due to an assessment that he was involved in serious organised crime (facilitating immigration offences). The decision to deprive him of his citizenship was certified under section 40(2) of the British Nationality Act 1981, because the Secretary of State considered that it involved information which should not be made public in the interest of national security.

Although G5 was abroad at the time of the decision he was able to make his way back to the United Kingdom using his British Passport. He instructed a lawyer to appeal the decision to deprive him of his citizenship, however the lawyer submitted the appeal out of time. The appeal was struck out, but the lawyer did not inform G5 of this.

G5 was later convicted of an immigration offence for re-entering the UK without valid entry clearance, a deportation order was issued, and he was detained under immigration powers.

In 2024, while in detention, G5 instructed Alex, David and Margo to assist him. They were able to obtain orders from SIAC setting aside the strike out order and extending time for the submission of the appeal. The substantive hearing concerning G5’s deprivation of citizenship is yet to be heard.

Meanwhile Alex made human rights submissions against G5’s deportation, and Margo represented him at a successful immigration bail hearing.

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