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ISIS teenager wants to come home

Rubbish. I just quoted the actual law of Bangladesh on this issue.

http://bdlaws.minlaw.gov.bd/act-242/section-7472.html

In-case you missed it.

The bit that says:

(a) that person's birth having occurred in a country outside Bangladesh the birth is registered at a Bangladesh Consulate or Mission in that country, or where there is no Bangladesh Consulate or Mission in that country at the prescribed Consulate or Mission or at a Bangladesh Consulate or Mission in the country nearest to that country
?


That bit? Where it says the birth is registered.

Begum's birth was not registered with any Bangladeshi authority. Hence the brouhaha.
 
Because it is up to Bangladesh to say who is their citizen or not, just like it is up to the UK to decide who is a citizen and who isn't.

So far they have not granted her citizenship.

That she may be eligible for citizenship does not confer citizenship, that is in the gift of the state.

This is why I have said the UK government should have been working with the Bangladesh state to get her Bangladesh citizenship, then we could according to our laws strip her of her UK citizenship.

At the moment we are breaching our own laws if her UK citizenship is revoked as that renders her stateless.


ETA: Let me use an example closer to home: many people in the UK (and other countries) are eligible for citizenship in the Republic of Ireland because of their ancestry. That does not mean they are Irish citizens as they have to apply for that citizenship and it has to be granted before they become citizens. So say I was eligible for Irish citizenship and the UK revoked my British citizenship I would be stateless as I have not been granted Irish citizenship and the UK cannot say Ireland must give me citizenship.

Why are you ignoring what their actual laws state?

"5. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Bangladesh by descent if his 1[father or mother] is a citizen of Bangladesh at the time of his birth:"

Not can apply. Not is eligible. "Shall be a citizen".
 
The bit that says:

?


That bit? Where it says the birth is registered.

Begum's birth was not registered with any Bangladeshi authority. Hence the brouhaha.

Yeah you might want to read the whole thing instead of cherry picking a part out of context.
 
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This is what I really don't understand. How can anyone think it is morally right for us to say she isn't anything to do with us after she was born here, schooled here and it was here she decided to break the law. How does all that make her Bangladesh's problem?

Not only that say it was the other way around, she was a Bangladesh citizen, was born there, was schooled there and made the decision to support ISIS at the age of 15 there, but was eligible for UK citizenship. Would we "allow" Bangladesh to drop her off at Stansted and say "she's nothing to do with us as she is eligible for UK citizenship". Do you (plural) really think we would grant her citizenship?

If she had dual citizenship and the other country had revoked theirs then yes, I absolutely think we would have taken her back. We wouldn't have had a legal leg to stand on by revoking her British citizenship at that stage.
 
Why are you ignoring what their actual laws state?

"5. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Bangladesh by descent if his 1[father or mother] is a citizen of Bangladesh at the time of his birth:"

Not can apply. Not is eligible. "Shall be a citizen".

The argument appears to be that Bangladesh can play fast and loose with their written laws if they wish but UK laws are cast in stone with no room for the courts to provide interpretation.
 
My word, how wrong you are.

I'll repeat myself (again) with the (perhaps forlorn) hope of comprehension:

1) The appellant in this case is Begum. Not any arm of the UK Government.

2) Begum appealed the Govt's decision not to allow her to come to the UK in order to appeal the Govt's earlier decision to strip her of her British citizenship and ban her from re-entering the UK.

3) The Court of Appeal sat to hear this appeal.

4) The Court of Appeal decided that the core issue at stake here was of sufficient importance that it should instead be adjudicated by the Supreme Court.

5) Therefore the Supreme Court will now sit in judgement on the matter of whether the UK Govt can lawfully prevent a person in Begum's situation from entering the UK in order to appeal a revocation of citizenship and a banning from entering the UK.


Key take-home points:

- The British Government is not the appellant in this case.

- The British Govt had zero input into the decision of the CoA to send the matter up to the Supreme Court.

- The decision to send the matter to the Supreme Court was taken by the CoA judges alone.



Erm...... Clear now? (Almost certainly not, based on recent posts - but hope springs eternal)

Wrong! The Home Office challenged the High Court Appeals Court decision to allow Begum to return to the UK to present her case. Their appeal succeeds and therefore it goes to the next level of court which is the Supreme Court.

To recap:

  1. Sajid Javid revoked Begum's UK citizenship as the Home Secretary
  2. Begum appealed against this on the point of law she has a right to be present at the hearing
  3. She won the appeal
  4. The Home Office - now headed by Priti Patel - has appealed against this decision on the point of law it is 'in the public interest' to not let someone who aligned with hostile foreign forces back in the country
  5. It won its appeal and the issue has now been referred to the Supreme Court as the next level court up.

The appellant - the Home Office - has to get the permission of the High Court to take the appeal further. So, yes, it was by consent of the High Court but the appellant is the Home Office. Had it not appealed against Begum returning to present her case, it would not now be going to the Supreme Court at all.

A judge cannot make a decision which has not been pleaded.
 
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Why are you ignoring what their actual laws state?

"5. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Bangladesh by descent if his 1[father or mother] is a citizen of Bangladesh at the time of his birth:"

Not can apply. Not is eligible. "Shall be a citizen".

Yeah, and to bring it to Bangladesh's attention, that person born abroad has to make them aware of their existence as in applying for citizenship.
 
The race card has no place in this discussion. The issue of race was raised by you and no one else. It is nothing but a fall back position to your failed argument, an attempt at face-saving perhaps. You should respond to people’s arguments based on their words alone (as the mods have so recently reminded me quite clearly :D). There has been nothing remotely racist posted by RolandRat in this thread.

How often are criminals with dual citizenship such as her stripped of the UK citizenship then? Was this a common tactic in the troubles?

This seems like a very unusual and extreme step, and that it was taken against someone not white seems to be pretty relevant.

What would it take to have the government strip say Nigel Farange of his citizenship?
 
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Why are you ignoring what their actual laws state?

"5. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Bangladesh by descent if his 1[father or mother] is a citizen of Bangladesh at the time of his birth:"

Not can apply. Not is eligible. "Shall be a citizen".

Again all you are doing is saying that UK can determine who is a Bangladesh citizen. It is up to Bangladesh to decide who is their citizen and who isn't, just like we can with UK citizenship. Which I am absolutely 100% certain you wouldn't be saying if the countries were reversed.
 
The argument appears to be that Bangladesh can play fast and loose with their written laws if they wish but UK laws are cast in stone with no room for the courts to provide interpretation.

No - the argument is that she is not a Bangladesh citizen.

She may be eligible to apply for such citizenship but until she does it is irrelevant to her actual citizenship.
 
How often are criminals with dual citizenship such as her stripped of the UK citizenship then? Was this a common tactic in the troubles?

This seems like a very unusual and extreme step, and that it was taken against someone not white seems to be pretty relevant.

What would it take to have the government strip say Nigel Farange of his citizenship?

She has never had dual citizenship.
 
She has never had dual citizenship.

Ok eligible for Dual Citizenship like Nigel Faragne before the Brexit vote. Seeing all the leaders of brexit lining up multiple passports it seems being eligible for dual citizenship is pretty common, so clearly stripping citizenship from criminals must also be commonplace. What are the stats on that?
 
And by the way the UK argument (when we were attempting to strip her of her UK citizenship) was not based on her being a Bangladesh citizen.
 
Did the Home Office appeal against the decision to allow Begum to return to present her case or did the Judges send it to the Supreme Court off its own bat?


The following article makes it very clear that the Home Office was represented at its appeal hearing, as the Appellant, by a QC, Sir James Eadie, and that means there was a hearing, as I stated, and in which they succeeded in their appeal to be allowed to appeal the decision to allow Begum onto UK soil.



LONDON: The UK government on Friday won permission to appeal against a court ruling allowing London-born ISIS bride Shamima Begum to return to Britain to challenge stripping of her British citizenship.
Bangladeshi-origin Begum, now 20, was one of three schoolgirls who fled London to join ISIS in Syria in 2015.
The UK Court of Appeal ruled that the case must go ahead to the Supreme Court before she is allowed back into the country because the case raised a point of law of public importance that only the highest court can resolve.
Sir James Eadie, representing the Home Office, told the court there was a "big issue at stake" in the case, to decide what should happen when someone cannot have a fair appeal over being stripped of their citizenship as a "result of going abroad and aligning with terrorist groups".
NEWS IN BRIEF

Thus, Begum returning is delayed until the Supreme Court makes a decision.
 
Why are you ignoring what their actual laws state?

"5. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Bangladesh by descent if his 1[father or mother] is a citizen of Bangladesh at the time of his birth:"

Not can apply. Not is eligible. "Shall be a citizen".

That is assuming that at least one of her parents is a citizen of Bangladesh by birth, not descent. I'm not sure if that was ever definitely confirmed. If her parents had citizenship by descent, then her birth would also have to be registered at the Bangladesh consulate.

Assuming that she does have citizenship by descent, she will lose it sometime in the next year if she doesn't make an 'active effort to retain it'. It isn't clear whether it's possible to do this in her current situation, and it would probably be an unwise move if she is currently appealing the UK decision.
 
Ok eligible for Dual Citizenship like Nigel Faragne before the Brexit vote. Seeing all the leaders of brexit lining up multiple passports it seems being eligible for dual citizenship is pretty common, so clearly stripping citizenship from criminals must also be commonplace. What are the stats on that?

I'm looking for the stats but it appears to be about a 100 - for terrorism reasons. Can't see any stats for non-terrorism related crimes.

There is a report into the act but it is a few years old now https://assets.publishing.service.g...Anderson_QC_-_CITIZENSHIP_REMOVAL__print_.pdf
 
The argument appears to be that Bangladesh can play fast and loose with their written laws if they wish but UK laws are cast in stone with no room for the courts to provide interpretation.

I was about to say the same thing myself. UK correctly applied the rules as they applied at the time, Bangladesh has decided it's own rules don't apply.
 

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