A former female Irish soldier who travelled to Syria during the country's civil war has won a legal battle against a ruling banning her from entering the UK.Ms Smith’s legal team had argued that she is entitled to hold a UK passport and should be allowed to travel freely within the country, including Northern Ireland, as her paternal family live there.
It was an agreed fact between the parties that a national of an European Economic Area state who is not also a British citizen can be excluded from the United Kingdom. Accordingly, Irish nationals or citizens can be excluded, but not those with dual nationality. Crucially, she argued that in any event, her father having been born in Belfast was entitled to be treated as a dual national and by virtue of his dual nationality, it would be unlawful to exclude her from the jurisdiction.
“As an Irish citizen who resides in a border town, it was always asserted that to restrict her from travelling across the border was unlawful and could not be stood over. We warmly welcome the Court’s determination today which will now reinstate our client’s basic rights to travel to the North of Ireland at her convenience.”
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