The decision to deprive Shamima Begum of her British citizenship was unlawful, the Court of Appeal has heard.
Giving the commission’s ruling in February, Mr Justice Jay said that while there was a “credible suspicion that Ms Begum was recruited, transferred and then harboured for the purpose of sexual exploitation”, this did not prevent then-home secretary Sajid Javid from removing her citizenship. Samantha Knights KC said in written submissions: “The appellant’s trafficking was a mandatory, relevant consideration in determining whether it was conducive to the public good and proportionate to deprive her of citizenship, but it was not considered by the Home Office.Ms Knights and Dan Squires KC later said the UK has failed to have a “full and effective” investigation into how Ms Begum was trafficked.
She continued: “The state failures in the present case were highly pertinent bearing in mind what steps could readily have been taken by state bodies to protect the appellant and prevent her leaving the UK, and how swiftly the appellant’s family acted when they were alerted to her having gone missing and the sort of action which could have been taken by the family in conjunction with state bodies had they been made aware of the risk of the appellant leaving the UK.
“Ms Begum contends that national security should not be a ‘trump’ card. But the public should not be exposed to risks to national security because events and circumstances have conspired to give rise to that risk.”Sir James also said the specialist commission “correctly recognised the difficulty at the heart of Ms Begum’s case”.
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