Deprivation of Citizenship Orders (Effect during Appeal) Bill to prevent automatic reinstatement of citizenship before all appeals concluded
A short new citizenship bill has been published by the Government today, aimed at tightening legal loopholes around the deprivation and restoration of British citizenship in national security cases.
Image credit: UK GovernmentThe Deprivation of Citizenship Orders (Effect during Appeal) Bill can be downloaded here. The accompanying explanatory notes are available here.
In a press release, the Home Office described the legislation as a "narrowly focused bill" containing just two clauses. Its purpose is to ensure that when British citizenship is revoked, it is not automatically reinstated following a successful initial legal appeal.
As the Home Office explains, the Bill seeks to close the legal loophole that was identified by the Supreme Court in N3 & ZA v Secretary of State for the Home Department [2025] UKSC 6. It currently allows individuals to automatically regain their British citizenship if they win their initial deprivation appeal in the courts and tribunals, regardless of whether further legal challenges are still underway.
The explanatory notes provide the following, fuller legal background:
9. On 26 February 2025 the Supreme Court handed down its judgment in N3(ZA) v SSHD [2025] UKSC 6. That judgment held that an allowed appeal meant the matter was res judicata and the Secretary of State for the Home Department was bound by the Tribunal's decision, irrespective of whether the Secretary of State takes steps to revoke the deprivation order.
10. The implications of this ruling mean that an allowed appeal renders an appellant a British citizen again immediately, notwithstanding whether the Secretary of State intends to appeal that judgment of the lower court. The ruling applies to any appeal brought under section 40A of the 1981 Act or section 2B of the Special Immigration Appeals Commission Act 1997.
11. The Bill has the effect that during the "appeal period", a deprivation order remains in force. The aim of this measure is to prevent a person who has been deprived of British citizenship from regaining that status until all onward appeals have been determined or the time period in which to appeal has elapsed.
Today's new bill would also stop individuals from regaining British citizenship and then renouncing any other nationalities. This move is intended to prevent them from becoming stateless, as that would block the Government from later revoking their citizenship or deporting them if further appeals are unsuccessful.
Security Minister Dan Jarvis was quoted as saying: "We must close this gap in the law and prevent British citizenship being reinstated to individuals until all appeals have been determined. This is the right thing to do if we believe someone is a threat to our national security, and it will make Britain safer."
According to the explanatory notes, the provisions in this Bill will operate retrospectively, meaning that if someone has already appealed a decision to remove their citizenship and the case hasn't been fully decided yet, the new rules will still affect them.