New powers have come into force this week allowing the Home Secretary Theresa May to deprive naturalised Britons of their citizenship, even where doing so would render them stateless.
The new powers, which fall under section 40 of the 1981 British Nationality Act, were passed in the Commons earlier this year, having been brought forward at the last minute.
The Home Secretary may deprive a person of their citizenship if she is “satisfied that deprivation is conducive to the public good.” The decision to deprive is taken in secret and solely by the Home Secretary, while victims of the order are not allowed a hearing.
Deprivation of citizenship has been described by the US Supreme Court as “a form of punishment more primitive than torture”. The UK government has often made deprivation orders when victims are abroad, making it impossible for them to appeal. (http://www.ekklesia.co.uk/node/20477)
Kat Craig, Legal Director of the human rights and legal charity Reprieve, said: “Today is a dark day for the rule of law and for British democracy. The powers that Theresa May assumes today are espoused by the likes of the French far right. The prohibition on statelessness was the only tangible check on the Home Secretary’s considerable power; its removal raises the worrying prospect that Brits could be made stateless as a prelude to illegal rendition or, worse, a drone strike.”