citizenship: a privilege or a right? - smartlaw · depending on prior learning these could either...

Citizenship: A privilege or a right?

Age Range: KS4 or KS5

Timing: This unit has been separated into three parts. Depending on prior learning these could either be run as one extended lesson or separately, running consecutively. We would suggest that each part is given a minimum of one hour. Rough time guidelines have been given for each activity. A number of extension activities have also been included if you wish to explore the topic in more depth.

Curriculum references:

Citizenship KS4:

■ Human rights and international law;■ The legal system in the UK, different sources of law and how the law helps society deal with complex problems;■ Diverse national, regional, religious and ethnic identities in the United Kingdom and the need for mutual respect and understanding.

Related lessons plans:■ Human Rights ■ The Migration of People

Lesson ObjectivesDuring the unit students will be exploring the following key question:

Q: Is citizenship a privilege or a right?By the end of the unit students will:

■ Understand what the term British citizen means and what the eligibility requirements/routes to British citizenship are;

■ Have explored some of the rights and responsibilities that individuals have as a British citizen;

■ Understand what it means to have one’s citizenship revoked and have critically considered what the legal and ethical implications of this are;

■ Have examined the roles of the legal system, courts and politicians in the decision-making process.

Citizenship: A privilege or a right?Classroom Notes

PSHE:

■ To think critically about extremism and intolerance in whatever forms they take (including religious, racist and political extremism, the concept of ‘shame’ and ‘honour based’ violence).

SMSC:

■ Interest in investigating and offering reasoned views about moral and ethical issues and ability to understand and appreciate the viewpoints of others on these issues;■ Ability to recognise the difference between right and wrong and to readily apply this understanding in their own lives, recognise legal boundaries and, in so doing, respect the civil and criminal law of England.

Worksheets and Resources:A PowerPoint presentation has been included that can be used with all three parts of the unit.

Part One■ Worksheet 1 – Citizenship scenarios ■ Worksheet 2 – Rights and responsibilities of citizens

Part Two■ Worksheet 3 – Should citizenship be revoked?■ Worksheet 4 – The rule of law

Part Three:■ Worksheet 5 – The case of Shamima Begum■ Worksheet 6 – Following the rule of law

A glossary of key terms has been included at the end of this resource pack. Any words highlighted in pink throughout the lesson plans can be found in the glossary.

© Young Citizens is an initiative of the Citizenship Foundation • Charity Reg. No. 801360 1

Overview of Unit:During the course of this unit students will explore what it means to be a UK citizen. They will research what the law says about the rights of individuals to become UK citizens. They will critically examine whether there are any circumstances where it is legally or ethically appropriate to revoke a person’s citizenship and what the impact of this might be. Finally they will consider the various roles of politicians and the courts in the decision-making process.

Lesson 1:Who is eligible to become a UK citizen and what rights and responsibilities do they have?

Lesson 2:Should citizenship ever be revoked?

Lesson 3:Exploring the case of Shamima Begum and the rule of law.

Lesson 1

Introduction: (15 mins)Split the class into small groups. Ask them to imagine that following a storm they have been washed up on the beach of an unknown country. They have no belongings with them and cannot remember where they have come from. The groups must discuss what problems they may encounter. A summary of the scenario can be found on slide 3.

You might like to use the questions on slide 4 to structure their discussions.

Q: What are the first things you will need to do in order to survive?

Q: What rules might this foreign land have about newcomers arriving?

Please note:

The topics covered during this lesson are of a sensitive nature. Be aware that students may disclose personal or familial experiences and may need additional support.

We strongly recommend you fully familiarise yourself with the content prior to delivering the unit and adapt it as necessary to meet the needs of your students.

Prior to running the unit ensure you are familiar with your schools policies around safeguarding and child protection.

We would also recommend ensuring you have established some clear ground rules with students prior to the unit being delivered.


Q: You cannot return to your home as you do not know where it is. Why is it important to become a part of this new society?

Q: You have no forms of identification. What problems might this cause for you?

Encourage the class to consider all the things that adults take for granted being able to do that they couldn’t do without any ID. E.g. opening a bank account, getting a job, accessing medical help, accessing education, driving a car.

Summarise that there are many rights that come with being the citizen of a country but there are also responsibilities. Citizenship is not an automatic right. Individual countries have strict rules about who can become citizens. Introduce the class to the key questions that we will be focussing on for this unit. These can be found on slide 5.


Activity 1: Who can be a British citizen? (20 mins)

The aim of this activity is to draw out the idea that citizenship is not something that the government hands out to whoever wants it. There are strict (often complex) rules in place as to who gets to be a citizen.

Students will be presented with a range of scenarios. For each scenario they must decide if the person:

■ Has an automatic right to citizenship■ Could apply for citizenship■ Is not eligible for citizenship

Use slides 6-8 to introduce the activity. The activity can then be completed as a whole class discussion (using slides 9-16). Alternatively, it could be done as a card sort activity using worksheet 1.

Please note: The activity is likely to lead to some confusion at first as it is unlikely students will have enough knowledge of the UK citizenship criteria to correctly sort all the scenarios. Instead the activity is designed to get them discussing what they think the criteria should be.

Having completed the activity show students slide 17 – 19 which provide a summary of the citizenship criteria in the UK and talk through the answers to each scenario.

Answer Additional notesScenario ARaphael

Not eligible Raphael is not automatically entitled to UK citizenship just because he was born in this country. In order to be automatically entitled to UK citizenship one of his parents would have had to live here permanently or have been a UK citizenship themselves. It is most likely that Raphael has a student visa which is currently allowing him to live in the UK. Raphael has not lived in the UK long enough in order to apply for citizenship.

Scenario BLuca

Not eligible You can apply to become a naturalised UK citizen if you are married or in a civil partnership with a UK citizen. However, you must have lived in the UK for a three year period. As well as meeting a number of other criteria you would also need one of the following:

■ Indefinite leave to remain / settled status■ Permanent residence

Scenario CImogen

Automatically a UK citizen

Imogen is a UK citizen ‘by descent.’ This applies if you are born outside of the UK and one (or both) of your parents were British citizens at the time of your birth. If Imogen were to go on to have children they would not automatically become UK citizens.



Activity 1: cont. (20 mins)

Answer Additional notesScenario DFletcher


Fletcher is automatically a UK citizen (not by descent). Anyone born to a parent who is a British citizen employed in ‘Crown Service’ (which includes the armed forces) automatically gains citizenship and can pass this onto any children they may go on to have.

Scenario EDara

Could apply for citizenship

It is likely that Dara could apply to become a UK citizen as she is over 18 and has been living in the UK for more than five years. There are a number of other criteria that Dara would need to meet prior to applying. These include being of good character (e.g. not having broken the law) and also having one of the following:

■ Indefinite leave to remain■ Permanent resident status

It is likely she would be able to get one of these as she is employed in a highly skilled job. Once she has applied Dara would need to pass a citizenship test and prove that she can speak English.

It is worth noting that there are fees involved in applying for citizenship. The fee to apply for indefinite leave to remain is currently over £2,000 and the fee to apply to become a naturalised citizen is over £1,000.

Scenario FAlexis


Even though Alexis has spent the majority of her life living in the US she was born in the UK and had one parent who was a UK citizen. This means she is automatically a UK citizen herself. It may be that Alexis is eligible to also be a US citizen. Both the UK and the US do allow dual citizenship.

Scenario GLayal

Not eligible Refugees arriving in the UK must seek asylum. If this is granted it is normal for both them and their dependants to be given permission to stay in the UK for five years. This is known as ‘leave to remain.’ After five years you can then apply to settle in the UK and get ‘indefinite leave to remain’.



Activity 1: cont. (20 mins)

Answer Additional notesScenario HDaniel

Not eligible In order to come to the UK Daniel would need to apply for a visa. Amongst other things the visa would stipulate how long he could stay in the UK and whether or not he was allowed to work.

There are strict criteria for when you can apply for citizenship in the UK. Normally this includes:

■ Residence requirement – You must have lived in the UK for at least five years (three years if you are married / in a civil partnership with a UK citizen)■ Be of good character■ Have permanent residence status / indefinite leave to remain or settled status.

Daniel does not meet all of these criteria so is therefore not eligible to apply for citizenship at present.

Conclude the activity by asking students to consider the following questions (slide 20):

Q: Do these criteria appear fair to you? Why/Why not?Q: Can you think of any other situations where you think someone should be able to become a British citizen? Q: Can you think of any situations that might exclude someone from being a British citizen even if they meet the criteria discussed?

Please note: The rules around citizenship are complicated and it is not always clear if someone is a citizen or not. The criteria included on the slides is by no means exhaustive and has been simplified for the purpose of this lesson. The reality of the situation is that there is an incredibly complex set of laws and policies surrounding this area. These will be further unpicked in the following activities.

Extension question:Q: In the scenarios where people were eligible to apply for UK citizenship do you think they would have to give up their existing citizenship in order to become a UK citizen?This will depend on the laws in the country they are currently a citizen of. Some countries do allow dual citizenship others do not. Currently the UK does allow for dual citizenship. Scenario E - Dara is currently a Malaysian citizen. Malaysia does not allow for dual citizenship, therefore if she were to become a citizen of the UK she would have to renounce her citizenship in Malaysia.



Activity 2: The benefits of being a citizen (15 mins)

Either in pairs or in small groups ask students to consider the following question.

Q: What rights do you have as a UK Citizen?

You might like to use the pictures on slide 21 to prompt students and extend their thinking. After five minutes take in some ideas from each group/pair. Then ask students to consider the following questions:

Q: What responsibilities do I have as a citizen?Responsibilities students suggest might include: Obeying the law, paying taxes and actively participating in society by voting, jury duty, etc.

Q: What happens if I do not meet these responsibilities? The consequences will depend on what responsibilities are not met but could include being sent to prison, being fined, having certain freedoms restricted (e.g. through probation orders), community service. This question may also raise the idea of having one’s citizenship revoked. If this is raised jot it down as an idea at this stage and explain this will be explored throughout the rest of this unit.

This could also be completed as a written activity using worksheet 2.


Plenary (10 mins)

Ask the pupils the questions below as a conclusion to the lesson. These questions can be in the form of written answers or a class discussion.

You can use this as an opportunity to solidify the key learning principles from the lesson (and revisit the learning objectives) and to clarify any insecurities in knowledge.

Q: List some of the main eligibility criteria for becoming a UK citizen.Q: List some of the problems a person may face if they are not a citizen of anywhere.


Lesson Two Introduction: (5 mins)

Run a short recap of lesson one by asking students to briefly discuss the challenges that someone would face if they were not a citizen of anywhere.



Activity 1: Should citizenship ever be revoked? (20 mins)

This activity asks students to consider whether or not it is ever acceptable to revoke someone’s citizenship. Ask students to consider the following question:

Q: Why might a country want to take someone’s citizenship away from them?Students might suggest a variety of reasons here. Some people would see revoking citizenship as the ultimate punishment, but we do have a variety of other punishments available in this country including life imprisonment. Encourage students to think of reasons why revoking ones citizenship might be used instead of other forms of punishment.

Split the class into small groups. Explain to them that ultimately it is the Home Secretary that decides if someone’s citizenship should be revoked. During this activity they will take on the role of Home Secretary. They will be given a number of scenarios to consider. For each scenario they need to decide if the person described should have their citizenship revoked. Scenarios can be found on worksheet 3 and slides 24-29.

You might like to encourage the groups to consider the following questions whilst making their decisions:

Q: What other punishments might be used rather than having citizenship revoked?Q: If citizenship was to be revoked where would the person go? What impact might this have on this other country?

Finish the activity by taking in some feedback from each group on the decisions they made.

Activity 2: The rule of law (15 mins)

Explain that during this activity we will be looking at the decisions students made during activity one and seeing if they followed the rule of law. Ask students to consider the following question:

Q: What is the rule of law?This is the principle that means everyone must obey the law, including the government.

Talk through the information on slides 30-31, this information can also be found on worksheet 4 and ask students to consider the following questions (slide 32):

Q: What do you think it means by ‘conducive to public good’?Essentially this is referring to national security. Do they pose a threat in terms of terror attacks or radicalising others?

Q: What are the facts you need to know about someone in order to decide if their citizenship could be revoked? ■ Were they a citizen from birth or naturalized?■ Have they done something to damage ‘national interest’?■ Are they a ‘dual citizen’?■ Could they possibly become a citizen of another country?

Using these facts ask the class to re-sort the scenarios from activity 1 based on whether the people described could legally have their citizenship revoked.

Answers (slide 33)

Jas Could not have citizenship revoked. He was born a UK citizen and both his parents are UK citizens; there is no evidence that he could claim citizenship in another country. If his UK citizenship were to be revoked he would be stateless.

Mo Could have citizenship revoked. Mo is a naturalized citizen of the UK, he could still claim citizenship in Afghanistan. It could be argued that he has done damage to national interest in the UK.

Ash There is not an obvious answer to this one. It is possible that Ash could claim citizenship in Bosnia as she has spent the majority of her life there. It will really come down to the evidence that the security services have and if this is sufficient to be seen as something which has been of damage to national interest. If they believe that revoking her citizenship could be in the public interest then it would be legal.


Citizenship: A privilege or a right? Classroom Notes

Plenary (10 mins)

Conclude this lesson by asking students to consider the following question (slide 34).

Q: Do you think the law is fair? Why / Why not?

The idea here is just to gain their initial thoughts on this topic. It will be the main focus of lesson three.



Lesson ThreeIntroduction (5 mins)

Recap on the main learning from lesson two ensuring that students fully understand the law on when a person’s citizenship can be revoked. You might find it helpful to show the information on slides 30 - 31.

Activity 1: The case of Shamima Begum (20 mins)

Provide students with a copy of worksheet 5, a fact-sheet outlining the Shamima Begum case. Ask students to consider the question on slide 36 :

Q: Do you think the Home Secretary was legally allowed to revoke her citizenship?

Allow the class to think about their response to this question either individually or in pairs / small groups. Then take in some feedback from the class. Whilst getting feedback do not try and steer the class to a ‘right’ or ‘wrong’ answer. Students are likely to differ in opinion and may end up at a point where they are just not sure if the decision was legal or not, this is fine.

Activity 1: Cont. (20 mins)

You might find the notes below helpful when taking in feedback:

■ One argument is that the Home Secretary should not have revoked Shamima’s citizenship as she did not have dual citizenship anywhere else so would therefore be left stateless. ■ Leaving someone stateless is against international law. However, UK law does allow the Home Secretary to leave someone stateless as long as they are a naturalised citizen (not born into British citizenship) and they believe that they could get citizenship from another country. ■ In this case the Home Secretary claimed that Begum could claim citizenship in Bangladesh. ■ However, authorities in Bangladesh have since said that there is ‘no question’ of her being eligible. ■ The evidence on whether or not Begum poses a threat to the UK is unclear. It is unclear as to whether or not there is sufficient evidence that she was anything other than a wife and mother. ■ This is not the same for other cases involving ‘jihadi brides’ who have taken part in propaganda videos and may have abused and assaulted Syrian civilians. ■ There is evidence that Shamima was groomed in the UK prior to leaving for Syria and that her school and the relevant authorities failed to properly safeguard her. ■ Shamima was just 15 when she left and married, this is below the legal age to get married in the UK. ■ Shamima was not fleeing from ISIS because she became disillusioned with it, but because the caliphate collapsed and she feared for her safety and the safety of her child.

Conclude the activity by making the point that the law in this area is not always clear and people have different legal opinions in this case. Situations such as these should therefore be argued in a court of law. It is not possible, or desirable, that one person (the Home Secretary) can make a decision that cannot be challenged.

An extension for this activity in the form of a debate has been included on pages 12-13.



Activity 2: What happens if the Home Secretary is wrong? (15 mins)

The purpose of this activity is to consider what happens when/if the Home Secretary were to make a wrong decision. Share the information on slide 37 with the class and ask them to complete worksheet 6. This could be done individually or in small groups.

Take in some feedback from groups / individuals jotting down their main arguments.

Activity 3: The rule of law (15 mins)

As a whole class consider the questions on slide 38:

Q: Why is it important for the government to follow the rule of law? Q: What might happen if they did not have to obey the law?

In answering these questions encourage students to refer back to the main principle of the rule of law, which was covered earlier. The main principle is that all citizens and the government must follow the law.

Further prompt questions could include:

Q: Why might it be tempting for the government to take actions which are unlawful but which may be popular with the general public and/or media?Q: Can the government always be trusted to do the right thing? Why / Why not?



Plenary (10 mins)

Ask the pupils the questions below as a conclusion to the lesson. These questions can be in the form of written answers or a class discussion.

You can use this as an opportunity to solidify the key learning principles from the entire unit (and revisit the learning objectives) and to clarify any insecurities in knowledge.

Q: What are the key eligibility criteria for UK citizenship? (slides 5, 6, 17 and 18)Q: What are some of the key benefits of being a citizen? (slide 21)Q: List the key facts that should be considered before someone’s citizenship is revoked. (slides 30 -32)Q: What rights does someone have if they have had their citizenship revoked? (slide 37)

Extension Activity (45 mins)

This is an extension for lesson three, activity one.

Explain to students that during this activity they will be debating the following motion:

“Citizenship is a privilege not a right. The Home Secretary was right to revoke the citizenship of Shamima Begum.”

Split the class into two groups; one arguing for the motion and the other against. Make sure each group has access to worksheet 5 which contains the main facts of the case alongside some opinions from various people.

Allow each group sufficient time to prepare their arguments. Conduct the debate using the format provided below.

Decide if there will be a competitive element to the debate with a winner being announced at the end. If you do decide to make it a competition you may like to ask additional members of staff to come in and be on the judging panel. A score sheet has been provided.

Debate format:

Team TimeOpening statement For 3 minutesOpening statement Against 3 minutesPresentation of additional arguments For 3 minutesPresentation of additional arguments Against 3 minutesShort break to allow teams to prepare for their rebuttals Both 10 minutesRebuttal:Team to defend against the opposing arguments and try to argue against the supporting arguments put forward by the opposing team. No new information should be added at this stage.

Against 3 minutes

Rebuttal For 3 minutesClosing statement Against 3 minutesClosing statement For 3 minutes



Extension Activity: Cont. (45 mins)

Judging criteria (optional):

Higher score if:■ Virtually no reliance on script / notes■ Information presented is accurate■ They presented confidently■ They spoke clearly and loudly■ They followed the set format for the debate■ All team members took the process seriously and paid attention at all times■ Arguments were convincing and well-reasoned

Lower score if:■ Heavy reliance on script/notes ■ Arguments were unclear or inaccurate■ They lacked confidence■ They spoke quietly■ They did not follow the set procedure■ Arguments were not convincing or well-reasoned■ Not all team members took the process seriously or paid attention at all times

Stage of debate For Against Max. score

Opening statement 10

Presentation of additional arguments

10

Rebuttal 10

Closing statement 10

TOTAL 40

Winning team:



Citizenship Scenarios Read through each scenario and decide in each case if the person: has an automatic right to citizenship, could apply for citizenship or is not eligible for citizenship.


Scenario A: RaphaelRaphael was born in a British hospital whilst his parents were on holiday in the UK. Both his parents are Portuguese citizens and he grew up in Portugal. Raphael is now 18. He recently moved to the UK and has started studying for an undergraduate degree at a university here.

Citizenship: A privilege or a right? Worksheet 1

Scenario B: LucaLuca was born in Costa Rica and both his parents are citizens of Costa Rica. Two years ago Luca moved to the UK to work. Whilst here he met his partner, Matthew, and six months ago they married. Matthew is a UK citizen.

Scenario C: ImogenImogen is five years old. Her parents are UK citizens but both work as teachers in Dubai and have done for a number of years. She was born and currently resides in Dubai, she has never been to the UK.

Scenario D: FletcherFletcher is six months old and was born at a hospital in Germany. Both his parents are UK citizens who work for the armed forces, they are currently stationed in Germany. They plan to return to the UK within the next year.

Scenario E: DaraDara was born in Malaysia and studied to become a doctor there. Seven years ago she moved to the UK and has been working here as a doctor ever since.

Citizenship Scenarios


Scenario F: AlexisAlexis was born in the UK. Her father is a UK citizen and her mother is an American citizen. When Alexis was a baby her family relocated to the USA where she now lives. She is now 42 and lives and works in the USA.


Scenario G: LayalLayal fled to the UK with her two young children three years ago to escape the ongoing conflict in Syria. On arrival in the UK she applied for asylum for herself and her family. Six months after application Layal heard that she had been granted permission to stay. Layal’s children are now settled in school and she has found work.

Scenario H: DanielDaniel was born in Mexico. Both of his parents are Mexican. He went to school in Mexico and until recently worked there as a waiter. He is now finding it hard to get a job in his local area. He would like to move to the UK and start a life here.

Rights and responsibilities of a citizenUse the table below to record what rights and responsibilities you think UK citizens have.



RightsWork: Lifestyle:

Education: Health:

Other:

Responsibilities

Should citizenship be revoked?


JasJas is 25 years old. He was born in Britain to British parents. He struggled at school but was never in trouble with the police.

Trouble began after he finished school when he started hanging out with a local gang. He took part in some muggings and burglaries and ended up going to prison for a few months.

Whilst he was in jail he was ‘radicalised’ by a group that held extreme racist views. He was convinced that immigrants were all evil and wanted them out of the UK. When he left prison he and another group of extremists burned down a building where a number of migrant families were living, killing several people, including women and children. Jas showed no remorse for his actions and has said that he will commit more acts of terror if he ever gets the opportunity again.


MoMo is 31. He came to the UK when he was 15 from Afghanistan having escaped from the fighting during the conflict with UK and US forces. Most of his close family was killed by US bombs. They were ‘innocent civilians.’ None of them – including Mo, had ever been involved in fighting, nor had they held extremist views.

After several years in the UK Mo was eventually granted British citizenship through ‘naturalisation.’ Even though he gained citizenship, Mo felt very angry at the UK and the US for invading Afghanistan, and he was attracted to the ISIS videos he saw online and went to fight in Syria. He took part in combat, planting bombs, killing civilians and killed several members of the UK and US special forces. Mo has now been captured by special forces who have evidence of the crimes he has committed. They report that Mo is still committed to extremist ideology and has tried to escape capture several times.

AshAsh is 28. She was born in Bosnia to British parents, and so had British citizenship through them. She only lived for a brief while in the UK whilst doing her A-levels when she lived with her older brother.

Although she was academically smart, she had a very short temper and was prone to violent outbursts. She also got in trouble quite a few times for being violent to other students, and ended up with a criminal record. Because of where she was born and her criminal record, she was placed on a ‘watch list’ by British intelligence services, who noticed that she was watching a lot of extremist and violent content on the internet.

When she was 19, Ash went to Syria, claiming that she was volunteering to be an aid worker. She has now been found in a Syrian refugee camp and says she was kidnapped by ISIS. She wants to return home, but the security services have strong suspicions that she had in fact joined ISIS. Ash denies all this. She says the on-line content she watched was just for research purposes.

The Rule of Law


Under the British Nationality Act 1981:

1. The Home Secretary can revoke someone’s citizenship (even if they have been a citizen from birth) if they think it would be ‘conducive to the public good,’ as long as that would not make the person stateless (i.e. if that person is also a citizen of another country).

2. The Home Secretary can revoke the citizenship of a ‘naturalised’ person (someone who was not born in the UK, but who was given British citizenship), even if to do so would leave that person stateless as long as:

■ Revoking that person’s citizenship is for the public good because the person has conducted themselves ‘in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory;’ and

■ The Home Secretary has reasonable grounds to believe that the person is able to become a national of another country.


The case of Shamima Begum


Background:

■ In 2015, aged 15, Begum left the UK along with two friends and travelled to Syria. Ten days after arriving she married a Dutch-born man who was a known jihadist fighter.

■ There is evidence that prior to leaving the UK Begum was actively radicalised online. It has been acknowledged that there were serious safeguarding failures on behalf of the school and local authorities.

■ Begum went on to have three children, all of whom have died. As of March 2019, she was living at a UN refugee camp on the outskirts of al-Hawl.

■ Begum’s British citizenship was revoked by the Home Secretary in February 2019.

■ Begum was born in the UK in 2000 to parents of Bangladeshi heritage. Growing up she lived in Bethnal Green, London and attended school there.

■ Begum is a British citizen from birth. She is not a ‘naturalised’ citizen, which is someone who is originally from another country but who is eventually granted British citizenship after living in the UK for a certain period of time. She has never been a citizen of another country.

■ Because of her parent’s Bangladeshi heritage, the Home Office suggested that she may be eligible for Bangladeshi citizenship, even though she has never been there, nor has she held Bangladeshi citizenship before.

■ Begum is currently ‘stateless.’ Whilst the UK Government has stated she could be eligible for citizenship in Bangladesh the Foreign Affairs Minister in Bangladesh has clearly stated “there is no question of her being allowed in the country.”

■ The British security services believe that British citizens who have travelled out to fight for or support ISIS pose a security risk. Radicalised Europeans who have returned from Syria have committed terrorist attacks on European soil, including the Paris attacks in November 2015.


The case of Shamima Begum



Could Shamima apply for Bangladeshi citizenship?

Legal opinion is divided. Fahad Ansari, a lawyer who acted for two men in a similar case to Shamima Begum, has said the UK-born children of Bangladeshi parents are automatically dual citizens at birth, but that right lapses at the age of 21. Shamima Begum is only 19.

Najrul Khasru, a British-Bangladeshi barrister and part-time tribunal judge who has reviewed Bangladesh’s citizenship laws, told the Guardian he believed Begum was not a Bangladeshi citizen unless, at the time of her birth, her parents had registered her at the High Commission, which he said was very uncommon within the British-Bangladeshi community.

What have others said?

The head of MI6 (a British Secret Intelligence Service) said that Britons like Begum who have gone to join ISIS could not be stopped from returning to the UK.

David Gauke, the current Justice Secretary, has said, “We can’t make people stateless.”

Bernard Hogan-Howe, who was the Metropolitan Police Commissioner when Begum fled, said she and her fellow fugitives should be treated as grooming victims as long as no evidence emerges that they committed offences.

Is Shamima Begum a ‘risk’ to the UK?

Shamima was interviewed several times by journalists in the refugee camp in Syria. Here are some of the things she said:

On the Manchester bombings: “I do feel that it’s wrong that innocent people did get killed.” But she added, “It’s a two-way thing really. Because women and children are being killed in Islamic State right now, and it’s a kind of retaliation... their justification was it’s retaliation so I thought ‘OK, that is a fair justification.”

When asked if she thought it was a mistake to come and live under Islamic State, she said: “In a way yes, but I don’t regret it because it’s changed me as a person. It’s made me stronger, tougher. I married my husband, I wouldn’t have found someone like him back in the UK . . . I did have a good time there. It’s just at the end things got hard and I couldn’t take it anymore and I had to leave.”

When asked what she did when in Syria, she said: “They don’t have any evidence against me doing anything dangerous. When I went to Syria, I was just a housewife for the entire four years - stayed at home, took care of my husband, took care of my kids. I never did anything dangerous. I never made propaganda. I never encouraged people to come to Syria.”

Shamima also said she had ‘no’ regrets about joining the Islamic State until ISIS was being defeated. She said, “I realised I had to get out for the sake of my children - for the sake of my daughter and my baby.”

Following the rule of law


Q: Should Shamima Begum have the right to an appeal?

Consider both sides of the arguments, use the space below to summarise your thoughts.

1) Begum should not have the opportunity to use the courts to try and overturn the Home Secretary’s decision. This decision should be final because …

2) Begum should be able to challenge the decision through the courts because ….

Q: Do you think it is important that someone who has their citizenship revoked should be granted access to a lawyer to argue their case in court?

Arguments for yes:

Arguments for no:



Citizenship: A privilege or a right? Glossary

GLOSSARY

Asylum Seeker Asylum seekers are people who are currently in the process of seeking protection from another country. They have not yet been officially recognised as a refugee.

Crown ServiceEmployment in the service of the Crown under Her Majesty’s Government. It includes jobs such as:

■ British Military

■ British Council

■ Service as a Governor, an official, a judge or a magistrate in a British overseas territory.

Dual CitizenThe status of an individual who is a citizen of two or more nations.

Indefinite leave to remain / Permanent residence statusAn immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study.

NaturalisationThe legal act or process by which a non-citizen in a country may acquire citizenship or nationality of that country.

RefugeeSomeone who is officially recognised as seeking safety from harm in a country other than their own. To be classified as a refugee you must:

■ Be seeking safety outside of your country or nationality / residence.

■ Have a well founded fear of persecution for one of the Refugee Convention grounds (race, religion, nationality, membership of a particular social group, political opinion). A member of a particular social group could include a women, a child, LGBTI, or a trafficked person.

■ Be unable or unwilling to avail themselves of the protection of their own country (i.e. the country either cannot or will not protect them).

■ Be unable to live safely in any other part of the country.

■ Not be excluded from refugee protection. Such exclusions refer to certain people who have committed particularly serious crimes.

Settled Status‘Settled’ means being both ordinarily resident in the UK and without any immigration restriction on the length of your stay in the UK.

citizenship: a privilege or a right? - smartlaw · depending on prior learning these could either...

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