R (Begum) v Secretary of State for the Home Department
[2021] UKSC 7
Ratio Decidendi
The Secretary of State's decision to deprive a person of British citizenship on national security grounds is lawful where it is assessed that the person's return would pose a risk. The right to a fair hearing does not require that the person be allowed to enter the UK.
ข้อเท็จจริง
Shamima Begum left the UK aged 15 to join ISIS in Syria. The Home Secretary deprived her of British citizenship on national security grounds. She appealed, arguing she could not effectively participate in the appeal from Syria.
สรุปคำพิพากษา
The Supreme Court held that the right to a fair hearing did not require that Begum be permitted to enter the UK. National security considerations outweighed her right to effectively participate in the appeal.
คำกล่าวสำคัญ
"The right to a fair hearing does not trump all other considerations, such as the safety of the public."
— Lord Reed
การอ้างอิงภายหลัง
Applied in subsequent citizenship deprivation cases.