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UK-born Islamic State recruit can return from Syria to challenge citizenship removal


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Posted (edited)
2 hours ago, Chomper Higgot said:

This raises a very important issue, dealt with in magna carta:

 

The removal of citizenship and banishment of an individual for views/actions that are deemed unacceptable by the crown/executive.

 

I make no defense of her actions, but stripping people of their nationality and banishment was  frequently used prior to magna carta and for hundreds of years England and the UK had no use of stripping people of citizenship and banishment, relying rather on criminal justice before juries of the accused’s peer.

 

Now think of the hundreds of years to come, how British society might change and what ideas or actions might warrant stripping an individual of their citizenship and bannishment?!

 

This young woman should be subjected to the process of criminal justice, and should not be used as a precedent for stripping people of their most basic rights.

 

If left standing this precedent will be used against people fighting for the very rights and values Britain is founded on.

This judgement is not against her right to British citizenship, but against her right to appeal the decision to revoke that citizenship in country.

 

IMO a sensible decision. I think she has a right to British citizenship, but her presence in country for the appeal against the decision is not necessary.

Edited by stevenl
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Posted
3 hours ago, Morch said:

 

I'm not versed in historical precedent. Are there many such cases of people aligning themselves with an enemy, change of heart when things don't go as planned, than ask to be taken into the fold once more? Also, as far as I understand, the issue decided was with regard to her returning to the UK to fight her case, not the matter of her revoked citizenship itself. She can still pursue legal action, but from abroad.

Which is exactly what is happening now. Made no sense for her to return before her right to citizenship was decided. However there was no legal justification to remove her citizenship in the first place.

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Posted
48 minutes ago, polpott said:

Which is exactly what is happening now. Made no sense for her to return before her right to citizenship was decided. However there was no legal justification to remove her citizenship in the first place.

She lost her citizenship due to legisation passed by the british government to protect british citizens( the law abiding variety) its just came through on the news the decision has been upheld,perhaps it,ll serve as a lesson to any other aspiring terrorist.

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Posted
6 hours ago, Chomper Higgot said:

This raises a very important issue, dealt with in magna carta:

 

The removal of citizenship and banishment of an individual for views/actions that are deemed unacceptable by the crown/executive.

 

I make no defense of her actions, but stripping people of their nationality and banishment was  frequently used prior to magna carta and for hundreds of years England and the UK had no use of stripping people of citizenship and banishment, relying rather on criminal justice before juries of the accused’s peer.

 

Now think of the hundreds of years to come, how British society might change and what ideas or actions might warrant stripping an individual of their citizenship and bannishment?!

 

This young woman should be subjected to the process of criminal justice, and should not be used as a precedent for stripping people of their most basic rights.

 

If left standing this precedent will be used against people fighting for the very rights and values Britain is founded on.

Were not the british convicts transported to botany bay revoked of their british.residency and consequent citenizenship?,she lost her   "basic rights" by not adhering to the laws of the land

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Posted
27 minutes ago, kingdong said:

Don,t know about the legal side of this but would she have had more rights of appeal if U.K. Had still been members of the eu?

 

She could have appealed to an EU Court, whether they would have accepted her appeal is a separate question. In any case precedent has been established by a number of EU countries cancelling citizenship of people joining IS. Some would have the view cancelling citizenship is rejecting legal responsibility by the home country and palming off to a foreign State which likely will have the death penalty contrary to UK law. IMO a degree of hypocrisy, if a UK citizen had committed murder in the US, HMG would not extradite unless death sentence is waived. 

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Posted
30 minutes ago, kingdong said:

Don,t know about the legal side of this but would she have had more rights of appeal if U.K. Had still been members of the eu?

The European courts of justice is the supreme court for members of the EU.As she's not actually a citizen of the EU? Would she even get there? (She has the right to Bangladesh citizenship) If she did get to the ECJ it's not a given that they would come down on her side. The European courts of human rights also exists and the UK is signed up to that,it's not a EU institution.They both get a bad rap in the UK press because they are slow and the lawyers tie cases up for years with appeals and technicalities,usually about extraditions.

Posted
23 minutes ago, adammike said:

The European courts of justice is the supreme court for members of the EU.As she's not actually a citizen of the EU? Would she even get there? (She has the right to Bangladesh citizenship) If she did get to the ECJ it's not a given that they would come down on her side. The European courts of human rights also exists and the UK is signed up to that,it's not a EU institution.They both get a bad rap in the UK press because they are slow and the lawyers tie cases up for years with appeals and technicalities,usually about extraditions.

Think she applied for bangladeshi citizenship and got the spanish archer,as for your first comment re european courts of justice,if uk had still been members of the eu could the european court of justice have overuled the british court decision?

Posted
57 minutes ago, kingdong said:

Think she applied for bangladeshi citizenship and got the spanish archer,as for your first comment re european courts of justice,if uk had still been members of the eu could the european court of justice have overuled the british court decision?

Not sure,but the lawyers could tie it up for years.In the mean time she could be in jail,or on benefits.In some cases especially on citizens rights the ECJ reign supreme.

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Posted
3 minutes ago, adammike said:

Not sure,but the lawyers could tie it up for years.In the mean time she could be in jail,or on benefits.In some cases especially on citizens rights the ECJ reign supreme.

Sounds expensive,still we,re out the eu now,so can make our own decisions and laws.

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Posted
24 minutes ago, Farma said:

The silly cow should have been lined up against a wall and shot as a traitor years ago.

 

But then again all the lefty lawyers wouldn't have made millions from taxpayer money defending her.

Put up against a wall and shot?bit harsh,an obe would have sufficed.

Posted
3 minutes ago, kingdong said:

Sounds expensive,still we,re out the eu now,so can make our own decisions and laws.

Her case has absolutely nothing to do with EU membership.

 

She retains the right to appeal to the European Court of Human Rights and almost certainly will do.

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Posted
1 minute ago, Chomper Higgot said:

Her case has absolutely nothing to do with EU membership.

 

She retains the right to appeal to the European Court of Human Rights and almost certainly will do.

Well we,re out the eu,might as well leave the european court of human rights if they want to start interfering in the uks affairs and justice system not worth a carrot to law abiding people.

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Posted
8 hours ago, kingdong said:

Don,t know about the legal side of this but would she have had more rights of appeal if U.K. Had still been members of the eu?

the answer is No .... you are mixing apples and oranges

Posted
6 hours ago, Chomper Higgot said:

Her case has absolutely nothing to do with EU membership.

 

She retains the right to appeal to the European Court of Human Rights and almost certainly will do.

Maybe in the future, but first her case about British citizenship has to be decided by the British court.

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Posted
44 minutes ago, Nout said:

It’s difficult to argue the decision was ‘just’.

 

Begum has an inalienable right to a fair hearing before the courts which includes meaningful access to legal counsel.

 

This ruling raises a barrier to her being able access legal counsel, it diminishes her ability to obtain a fair hearing before the court.

 

I expect this will be central to the challenge she will raise against the process of her case.

 

 

 

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Posted
8 hours ago, kingdong said:

Well we,re out the eu,might as well leave the european court of human rights if they want to start interfering in the uks affairs and justice system not worth a carrot to law abiding people.

That sounds about as ignorant of the process as a 15 year old girl deciding to go live in syria.

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Posted
1 hour ago, Chomper Higgot said:

It’s difficult to argue the decision was ‘just’.

 

Begum has an inalienable right to a fair hearing before the courts which includes meaningful access to legal counsel.

 

This ruling raises a barrier to her being able access legal counsel, it diminishes her ability to obtain a fair hearing before the court.

 

I expect this will be central to the challenge she will raise against the process of her case.

 

 

 

 

I'm pretty sure she'll get decent representation. Enough media buzz for some names to take this pro-bono, and no doubt an NGO or two will chip in, if they haven't already. Since the Coronavirus became a thing, there are more and more legal and procedural issues carried out using various video conference software. This does run the risk of having to explain one is not a cat.

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Posted
1 minute ago, Kwasaki said:

Why is outdated thread still here, make's no sense to me.

Because the court case is current. Besides its a fun thread that allows the alt right racists vent their spleens.

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