Begum, now 20, had her British citizenship stripped by then-Household Secretary Sajid Javid on February 19, 2019, after she was uncovered in a northern Syrian refugee camp.
She challenged that choice but on June 13, 2019, the government refused her application for leave to enter the United kingdom to pursue her enchantment.
The Court docket of Attraction and a Divisional Court docket of the Higher Court docket on Thursday ruled Begum should really be authorized to return to the United Kingdom to pursue her enchantment right before the Exclusive Immigrations Appeals Commission (SIAC) “albeit issue to such controls as the Secretary of Condition deems correct.”
She is at this time in a detention camp operate by the Syrian Democratic Forces.
SIAC uncovered in its determination that Begum also retains Bangladeshi citizenship by descent. The courtroom has not answered the query about whether or not she can be stripped of her British citizenship.
Begum’s attorney, Daniel Furner, of Birnberg Peirce Solicitors, reported the appropriate to justice must not be afflicted due to the fact a circumstance is serious or challenging, or national security is included.
“Ms. Begum has never experienced a reasonable chance to give her facet of the story,” he claimed.
“Ms Begum is not frightened of struggling with British justice, she welcomes it. But the stripping of her citizenship with out a chance to distinct her name is not justice, it is the opposite.”
Human legal rights group Liberty, which intervened in Begum’s enchantment to say she could not have a reasonable demo although battling the case from a refugee camp, welcomed the ruling.
Liberty lawyer Katie Lines explained: “The right to a fair demo is not anything the federal government can consider away on a whim. It is a basic section of our justice process and equal obtain to justice should use to everybody.
“Banishing someone is the act of a government shirking its responsibilities and it is essential that cruel and irresponsible authorities conclusions can be effectively challenged and overturned.”
A British isles Dwelling Office environment spokesperson said the conclusion was “quite disappointing” and it would use for permission to enchantment against the judgment.
“The government’s top precedence stays maintaining our national security and retaining the general public secure,” the spokesperson additional.
Mohammed Shafiq, CEO of the Ramadhan Foundation, a United kingdom-centered Muslim business that is effective to build cohesion in between communities, stated in a statement: “The conclusion of the Court of Charm to make it possible for Shamima Begum to return to the Uk is the ideal conclusion and British citizens should welcome it.
“This is not about any alleged crimes she could have committed but about the principle you are unable to have a two tier citizenship the place those of a selected ethnic background born in this country are handled in another way to their white counterparts,” he added.
Shafiq mentioned ISIS was an “evil entity” opposed by British Muslims and that Begum must be held to account for any alleged crimes, but lawmakers should not make selections “to look as if they have been challenging.”
He called the final decision a “good victory” for individuals who consider in equal society and oppose discrimination in applying citizenship rules.
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