Court of Appeal rules former Sri Lankan national stateless

Court of Appeal rules former Sri Lankan national stateless
November 21, 2018

The Court of Appeal gave guidance on the significance of statelessness and the burden of proof where the Appellant had been deprived of his British Citizenship under section 40(3) British Nationality Act 1981 in the matter of KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483. The Court allowed the Appellant’s appeal ruling that he would be stateless and was not in a position to re-acquire his Sri Lankan citizenship.  The appeal was remitted to the Upper Tribunal to consider whether given the consequences of the deprivation order the discretion under section 40(3) should be exercised differently. Hugh Southey QC leading Amarjit Seehra instructed by BHD Solicitors.

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