Shamima Begum failed in her latest attempt to have her UK citizenship reinstated. PA
Shamima Begum failed in her latest attempt to have her UK citizenship reinstated. PA
Shamima Begum failed in her latest attempt to have her UK citizenship reinstated. PA
Shamima Begum failed in her latest attempt to have her UK citizenship reinstated. PA

Shamima Begum loses appeal against removal of UK citizenship


Nicky Harley
  • English
  • Arabic

A woman stripped of British citizenship after joining ISIS in Syria has lost her legal battle to have that decision reversed.

Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. There, she married an ISIS fighter and had three children, none of whom survived.

Sajid Javid, who was home secretary at the time, revoked her British citizenship on national security grounds after she was found in a Syrian refugee camp in February 2019, a move that left her stateless.

The UK Supreme Court last year refused her permission to enter the UK to fight her citizenship case against the Home Office, so she took her case to the Special Immigration Appeals Commission (Siac).

In his judgment, released on Wednesday, Mr Justice Jay said that the tribunal found there was a “credible suspicion” Ms Begum had been trafficked to Syria for sexual exploitation, “to which, as a child, she could not give a valid consent”.

“In the commission’s opinion, there is a credible suspicion that Ms Begum was recruited, transferred and then harboured for the purpose of sexual exploitation,” he said.

However, the specialist tribunal ruled that a finding that Ms Begum had been trafficked did not prevent the home secretary at the time from removing her citizenship.

Mr Justice Jay said that the existence of this suspicion was insufficient for her to succeed in her arguments that the deprivation of her British citizenship failed to respect her human rights, adding that given she was now in Syria, the Home Secretary was not compelled to facilitate her return nor stopped from using “deprivation powers”.

A 15-year-old Shamima Begum passing through security barriers at Gatwick Airport, south of London. AFP
A 15-year-old Shamima Begum passing through security barriers at Gatwick Airport, south of London. AFP

“This Secretary of State maintains that national security is a weighty factor and that it would take a very strong countervailing case to outweigh it," he said in a 76-page public judgment.

“Reasonable people will profoundly disagree with the Secretary of State, but that raises wider societal and political questions, which it is not the role of this commission to address.”

During the hearing, Ms Begum’s lawyers previously argued that her school and the police both “missed opportunities” to prevent her travelling to Syria.

“The police, the school, the local authority, the Home Office and the Security Services have been blamed in various ways," Mr Justice Jay said.

“In our view, putting the matter at its very lowest, there is an arguable case of failing to take reasonable preventative measures directed against the police, the school and the local authority.

“The case against the Home Office is less clear cut; the case against the Security Services appears thin.”

Her lawyers said the ruling has left “no protection for a British child trafficked out of the UK” and have pledged to challenge the decision.

“We, the lawyers entrusted with the representation of Ms Begum in circumstances of extreme difficulty, register our profound disagreement with the decision taken by the home secretary in 2019 and the diminution by the Supreme Court of the ability of the Special Immigration Appeals Commission to consider her legal challenges," Gareth Pierce and Daniel Furner, from Birnberg Pierce Solicitors, said in a statement.

“The outcome is that there is now no protection for a British child trafficked out of the UK if the home secretary invokes national security.

“Regrettably, this is a lost opportunity to put into reverse a profound mistake and a continuing injustice.

Shamima Begum has lost her appeal to have her British citizenship reinstated.
Shamima Begum has lost her appeal to have her British citizenship reinstated.

“Ms Begum remains in unlawful, arbitrary and indefinite detention without trial in a Syrian camp. Every possible avenue to challenge this decision will be urgently pursued.

“In our view, that demands the Secretary of State must carefully review the original decision in light of the commission’s troubling findings.”

Ms Begum is one of hundreds of Europeans whose fate since the 2019 collapse of the Islamist extremists' self-styled caliphate has become a thorny issue for governments.

An estimated 900 people are thought to have travelled from Britain to Syria and Iraq to join ISIS. Of those, about 150 are believed to have been stripped of citizenship.

Wednesday’s decision was welcomed by the Home Office.

"We are pleased that the court has found in favour of the government’s position in this case," it said.

“The government’s priority remains maintaining the safety and security of the UK and we will robustly defend any decision made in doing so.”

Ms Begum's lawyers could now seek leave to apply to appeal against the Siac decision at London's High Court.

TRAINING FOR TOKYO

A typical week's training for Sebastian, who is competing at the ITU Abu Dhabi World Triathlon on March 8-9:

  • Four swim sessions (14km)
  • Three bike sessions (200km)
  • Four run sessions (45km)
  • Two strength and conditioning session (two hours)
  • One session therapy session at DISC Dubai
  • Two-three hours of stretching and self-maintenance of the body

ITU Abu Dhabi World Triathlon

For more information go to www.abudhabi.triathlon.org.

What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

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Badrijani nigvzit

A delicious vegetarian snack or starter. It consists of thinly sliced, fried then cooled aubergine smothered with a thick and creamy walnut sauce and folded or rolled. Take note, even though it seems like you should be able to pick these morsels up with your hands, they’re not as durable as they look. A knife and fork is the way to go.

Pkhali

This healthy little dish (a nice antidote to the khachapuri) is usually made with steamed then chopped cabbage, spinach, beetroot or green beans, combined with walnuts, garlic and herbs to make a vegetable pâté or paste. The mix is then often formed into rounds, chilled in the fridge and topped with pomegranate seeds before being served.

Tonight's Chat on The National

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Europe’s rearming plan
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UAE currency: the story behind the money in your pockets
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Price, base: Dh5.1 million

Engine: 3.8-litre twin-turbo flat-six

Transmission: Seven-speed automatic

Power: 800hp @ 7,100pm

Torque: 980Nm @ 4,000rpm

Fuel economy, combined: 13.5L / 100km

A new relationship with the old country

Treaty of Friendship between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates

The United kingdom of Great Britain and Northern Ireland and the United Arab Emirates; Considering that the United Arab Emirates has assumed full responsibility as a sovereign and independent State; Determined that the long-standing and traditional relations of close friendship and cooperation between their peoples shall continue; Desiring to give expression to this intention in the form of a Treaty Friendship; Have agreed as follows:

ARTICLE 1 The relations between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates shall be governed by a spirit of close friendship. In recognition of this, the Contracting Parties, conscious of their common interest in the peace and stability of the region, shall: (a) consult together on matters of mutual concern in time of need; (b) settle all their disputes by peaceful means in conformity with the provisions of the Charter of the United Nations.

ARTICLE 2 The Contracting Parties shall encourage education, scientific and cultural cooperation between the two States in accordance with arrangements to be agreed. Such arrangements shall cover among other things: (a) the promotion of mutual understanding of their respective cultures, civilisations and languages, the promotion of contacts among professional bodies, universities and cultural institutions; (c) the encouragement of technical, scientific and cultural exchanges.

ARTICLE 3 The Contracting Parties shall maintain the close relationship already existing between them in the field of trade and commerce. Representatives of the Contracting Parties shall meet from time to time to consider means by which such relations can be further developed and strengthened, including the possibility of concluding treaties or agreements on matters of mutual concern.

ARTICLE 4 This Treaty shall enter into force on today’s date and shall remain in force for a period of ten years. Unless twelve months before the expiry of the said period of ten years either Contracting Party shall have given notice to the other of its intention to terminate the Treaty, this Treaty shall remain in force thereafter until the expiry of twelve months from the date on which notice of such intention is given.

IN WITNESS WHEREOF the undersigned have signed this Treaty.

DONE in duplicate at Dubai the second day of December 1971AD, corresponding to the fifteenth day of Shawwal 1391H, in the English and Arabic languages, both texts being equally authoritative.

Signed

Geoffrey Arthur  Sheikh Zayed

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Angers v Toulouse (10pm)
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Sunday
Nice v Strasbourg (5pm)
Troyes v Lyon (7pm)
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UAE currency: the story behind the money in your pockets
UAE currency: the story behind the money in your pockets
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Engine: 4-litre twin-turbo V8

Transmission: eight-speed PDK

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Torque: 820Nm

Price: Dh683,200

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UAE currency: the story behind the money in your pockets
Updated: February 23, 2023, 9:13 AM`