Thursday, August 8, 2019
Immigration law Essay Example | Topics and Well Written Essays - 750 words - 1
Immigration law - Essay Example Under the British immigration laws, deprivation of citizenship is under Section 40 of the British Nationality Act 19811. Deprivation of a citizenship can result into one being stateless as is in the Burnettââ¬â¢s Application [2010] NICA 22. Additionally, there has been an extension into the provisions for deprivation of citizenship by the Nationality, Immigration and Asylum Act 2002, and later by the Immigration, Asylum and Nationality Act 20063. Furthermore, the Secretary of State has power, as per Section 40 of the BNA 1981, to deprive one of their citizenship if such actions are for the public good4. The Carlos case thus falls under this category as such is considered an action that puts the public interest first. However, deprivation of the citizenship should not result into Carlos being stateless5. On the other hand, British nationals with dual citizenship are the ones affected by the requirement of not leaving one stateless. Just like in the case of Mahdi Hashi6, Carlos is deprived of his rights to live in the UK because of the ââ¬Å"public goodâ⬠. The UK law, however, allows one to appeal a decision in case deprivation leaves them stateless7. Entitlement to becoming British citizens falls under several categories. In the case of Frances, she has the right to be registered as a British citizen under the British law. According to the BNA s 1(4), children born in the UK and have lived there until the age of 10 years are entitled to be registered as British citizens. Given that Frances is 12 years and has lived in the UK her entire life, she is qualified to be registered as a British citizen. This is because she meets the minimum age requirement of 10 years of residence in the UK. However, Frances fails to qualify given that she is involved in a criminal activity. Shoplifting is a criminal offence hence she will be deemed of not good character8. Thus, despite the fact that Frances meets the legal minimum requirements, her involvement
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