Begum is appealing against the government’s decision last February to revoke her citizenship. She is currently living in a refugee camp in Syria. The other two girls are believed to have died.
Ruling in Begum v Special Immigration Appeals Commission & Ors [2020] EWCA Civ 918 last week, Lord Justice Flaux, giving the lead judgment, said it was ‘unthinkable’ that Begum should contest her case from Syria.
On the point of whether she left for Syria of her own free will, Flaux LJ said: ‘I would be uneasy taking a course which, in effect, involved deciding that Ms Begum had left the UK as a 15 year old schoolgirl of her own free will in circumstances where one of the principal reasons why she cannot have a fair and effective appeal is her inability to give proper instructions or provide evidence.’
He agreed with human rights organisation, Liberty, intervening, that that if she can participate in her appeal, then it will be possible to explore the circumstances by which she left the UK, and whether she travelled of her own free will.
Katie Lines, a barrister working as a lawyer at Liberty, said: ‘It is a fundamental part of our justice system and equal access to justice must apply to everyone.’
A Home Office spokesperson said the decision was ‘disappointing’ and they would be seeking leave to appeal.
