Supreme Court Rejects Shamima Begum’s Appeal in Citizenship Removal Case
Begum’s lawyers expressed their intention to explore all legal avenues, including appealing to the European Court of Human Rights, following the decision that Jihadi bride Shamima Begum cannot challenge the revocation of her citizenship at the Supreme Court.
Justices Red, Hodge, and Lloyd-Jones at the Supreme Court rejected Begum’s request on the grounds that the appeal did not raise a valid legal point, as stated in their decision published on Wednesday.
Previously, Begum’s lawyers had argued at the Court of Appeal that the removal of her citizenship in 2019 was unlawful, citing several grounds, including the lack of a common law right for Begum to appeal to the home secretary in person before losing her citizenship.
Despite this, the Supreme Court deemed the challenge as not arguable, including the assertion that the right to appeal to the home secretary could compromise national security decisions.
Begum’s Lawyers Considering Strasbourg Court
After the ruling, Begum’s legal representatives at Birnberg Peirce Solicitors indicated their intention to pursue further legal action, including approaching the European Court of Human Rights in Strasbourg, France.
A spokesperson for Birnberg Peirce expressed concern over British women and children being arbitrarily detained in a Syrian camp without trial for five years, contrasting the UK’s position with that of other countries that have repatriated their citizens in similar circumstances.
The statement continued, highlighting the roadmap for pursuing justice through the European Court of Human Rights and emphasizing the necessity for countries to address the repatriation of their nationals.
‘Groomed Online’
Maya Foa, the Director of legal charity Reprieve, urged the UK to take responsibility for British citizens like Begum, suggesting that if she had committed crimes, she should face charges in a British court.
Furthermore, it was argued that the UK is equipped to handle cases involving individuals like Begum who were groomed online by organized trafficking operations.
Last year, Begum’s legal team presented the argument that she was influenced by ISIS propaganda and fell victim to human trafficking for sexual exploitation, although this was not sufficient for her appeal to succeed at the earlier tribunal.
National Security
In 2015, 15-year-old Begum, along with classmates Abase and Sultana, traveled to Syria to marry ISIS terrorists. Following concerns about national security, former Home Secretary Javid revoked Begum’s citizenship, a decision upheld by the courts in subsequent legal challenges.
One argument raised by Begum’s lawyers was that the revocation rendered her stateless; however, the courts found her to be a citizen of Bangladesh by descent, justifying the decision as lawful.
The Court of Appeal rejected her challenge, and subsequent attempts to seek permission to take her case to the Supreme Court were also denied, leaving the option to appeal directly to the Supreme Court.
‘Author of Her Own Misfortune’
During the Court of Appeal hearing, it was unanimously agreed that the removal of Begum’s citizenship was lawful, with the Lady Chief Justice Baroness Carr remarking on the decision’s potential harshness, but affirming the court’s duty to assess legality rather than subjective considerations.
PA Media contributed to this report.
