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Shamima Begum losing her appeal proves the UK has conditional citizenship

Maryam Jameela by Maryam Jameela
22 February 2023
in Editorial, UK
Reading Time: 4 mins read
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Shamima Begum has lost her latest legal battle to reverse the decision that stripped her of her British citizenship. The ruling from Judge Robert Jay of the Special Immigration Appeals Commission (SIAC) means that she can’t return to the UK from her current home in a refugee camp in northern Syria.

Shamima was 15 when Islamic State (IS) groomed her to leave her East London home for Syria. This was in 2015. While she was there, the group forced her to marry an IS fighter. She had three children, who have all since died. In February 2019, her legal team said the UK government left her stateless. This was after the then-home secretary Sajid Javid revoked her British citizenship. He claimed this was on ‘national security grounds’ after she was found in the Syrian camp.

A UK tribunal ruled in 2020 that she was not stateless. It claimed this was because she was “a citizen of Bangladesh by descent” at the time the decision was made. This was due to her mother being Bangladeshi. Javid revoked Shamima’s citizenship despite the fact she had never been to Bangladesh. Under the Bangladeshi “blood line” law, nationality and citizenship lapse when a person reaches the age of 21. This is triggered unless they make efforts to retain it. Shamima has not done this, and was aged 19 when the decision was made.

Shamima Begum’s ‘shades of grey’

When rejecting her appeal, Jay said:

under our constitutional settlement these sensitive issues are for the secretary of state to evaluate and not for the commission.

However, he said there was “considerable force” in Begum’s arguments. Jay also noted that Javid’s conclusion that she had travelled voluntarily to Syria “is as stark as it is unsympathetic”.

Jay continued:

Further, there is some merit in the argument that those advising the secretary of state see this as a black and white issue, when many would say that there are shades of grey.

This presumably refers to Shamima’s account that IS groomed, raped, and abused her. Given that she was 15 when the group trafficked her, she clearly could not consent to any sexual contact. It is evidently the UK government’s position that Shamima was – and remains – a security threat who joined IS and cannot be allowed into the UK. Instead it appears that the “shades of grey” Jay refers to are a sickening euphemism for the abuse and trafficking of a young girl.

Indeed, lawyer Samantha Knights, representing Shamima, told the SIAC hearing last November that her client had been “influenced” along with her friends by a “determined and effective” IS group “propaganda machine”. She said in written evidence there was “overwhelming” evidence Shamima had been:

recruited, transported, transferred, harboured and received in Syria for the purposes of ‘sexual exploitation’ and ‘marriage’ to an adult male.

Gareth Peirce and Daniel Furner, lawyers representing Shamima, said the ruling meant:

there is now no protection for a British child trafficked out of the UK.

They confirmed that “every possible avenue to challenge this decision will be urgently pursued”. Shamima can now appeal the decision by the SIAC in the Court of Appeal.

Reactions to the stripping of citizenship

Amnesty International UK’s refugee and migrant rights director Steve Valdez-Symonds said:

The power to banish a citizen like this simply shouldn’t exist in the modern world.

Shamima Begum had lived all her life in the UK right up to the point she was lured to Syria as an impressionable 15-year-old.

Activist and writer Ilyas Nagdee said:

Shamima Begum has lost her appeal and remains stateless. A ruling that at its heart abandons a young woman, who was victim of serious exploitation as a young teenager to statelessness. An abdication of responsibility by a state using a policy of deprivation that shouldn't exist.

— Ilyas Nagdee (@ilyas_nagdee) February 22, 2023

Co-editor of Red Pepper Magazine Amardeep Dhillon said:

https://twitter.com/AmarDeepSinghD/status/1628358639122624514?s=20

Academic Gurminder Bhambra pointed out the cost to all of us:

https://twitter.com/GKBhambra/status/1628350333645737985?s=20

Grassroots organisers CAGE questioned the government’s claims about security threats:

The Shamima Begum case has nothing to do with national security.

Citizenship deprivation & the hostile environment policies were both part of a culture war strategy which incited anti Muslim & racist sentiment.

This is how we ended up with the most far right govt since 1945. https://t.co/VaJQdFcKQ2

— CAGE International (@CAGEintl) February 22, 2023

Dr Zubaida Haque explained that the decision is likely to have severe implications for British citizens with lineage from other countries:

Shamima Begum was born in the UK. She was raised here. She never visited Bangladesh. She lost her British citizenship on the basis that she was also a Bangladeshi national. She wasn't. SIAC's decision means that for most of us our citizenship is NOT secure https://t.co/jDJwWhjfzI

— Dr Zubaida Haque (@Zubhaque) February 22, 2023

MP Bell Ribeiro-Addy also emphasised the two-tier citizenship system:

Shamima Begum was born & groomed in the UK and trafficked to Syria as a minor by a western spy.

The Government's choice to strip her of citizenship is a dereliction of duty.

It highlights the two-tier citizenship system which now exists in our country.https://t.co/r6TG9LmbHv

— Bell Ribeiro-Addy MP (@BellRibeiroAddy) February 22, 2023

Conditional citizenship

Shamima has been here many times. Each time her legal battles are covered by the mainstream media, racists come crawling out of the woodwork. They deny she was ever trafficked or abused. They use her as an example of the threat of ‘Islamist extremism.’ It’s not at all surprising that the government are doggedly opposing her attempts to avoid statelessness. These are the same people who’ve enacted the Nationality and Borders Act which enshrines the ability to strip people of their citizenship into law.

Shamima’s treatment at the hands of a hostile government and a craven media says absolutely everything about what kind of country the UK is. This is a place where a child who was trafficked, raped, and abused, whose three children all died, can be left stateless and shoved towards a country she has never known, simply because of where her parents come from. This is what it’s like to not be white in Britain. It doesn’t matter who you are, who you know, how integrated you become, or anything like that. If you’re a person of colour, and Muslim on top of that, your citizenship can and will be stripped away from you.

Two years ago, when the Canary last covered Shamima’s citizenship battle, we concluded:

Conditional citizenship for some is conditional citizenship for all.

Being considered a person with full rights is for some, but not all. This rotting society is only as good as its most vulnerable people. What does that make the UK? A country that has unending sympathy and generosity of spirit for whiteness in all its guises, and a vicious disdain for brown people. To be brown and Muslim in the UK is to feel, on many levels, how much your life and death mean absolutely nothing.

Featured image via YouTube screenshot/BBC News

Additional reporting by Agence France-Presse

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