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A
Muslim convert stripped of his British citizenship by Home Secretary Theresa
May for alleged extremism has launched an appeal to the Supreme Court to
overturn her decision on the grounds it would render him stateless.
RT.com reports that May
deployed her powers to withdraw the nationality of Minh Pham, who is currently
being detained in prison, three years ago after MI5 warned he posed a threat to
Britain’s national security.
Pham,
who is in his 30s, is facing extradition to America on terrorism charges. The
high profile case is being heard by seven separate justices in Britain's
Supreme Court.
Pham
was publicly named on Tuesday for the first time in his three-year legal fight
to hold on to his British citizenship. Until Tuesday, his identity had been
formally withheld. He was referred to only as 'B2' in previous proceedings at
the Special Immigration Appeals Commission (SIAC) and the Court of Appeal.
Following
May's decision to rescind his citizenship, Pham appealed to Siac – a
closed-doors court that processes cases relating to national security. Central
to his appeal was the claim the stripping of his UK citizenship would leave him
stateless.
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Under
international human rights law, it is illegal for an individual to be forced
into such a predicament. Article 15 of the Universal Declaration of Human
Rights (UDHR) says “everyone has the right to a nationality” and “no
one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.”
At
present, the Home Secretary holds the power to strip an individual of their UK
nationality, but only if they possess another citizenship. With fresh
anti-terror legislation due before parliament, this may soon change.
Pham's
hearing foregrounds an upcoming parliamentary debate on a series of proposed
counter-terrorism measures that would offer May the power to prevent British
nationals from returning to UK soil if they are suspected of engaging in
terrorist activities abroad.
The
related Counter-Terrorism Bill will be debated in parliament later this month,
and is likely to become law by January 2015.
Among
proposed measures are plans to cancel the passports of radicalized Britons
fighting for Islamic State (also known as ISIS, or ISIL) or who plan on joining
the group.
The
legislation may also include some form of an amnesty for returning fighters,
incorporating de-radicalization programs and Terrorism Prevention and
Investigation Measures (Tpims).
Human rights
violation?
The
case of Pham is somewhat unusual, however. Originally born in Vietnam, he moved
to Britain with his parents when he was 12. At 18, he was offered UK
citizenship.
A
convert to Islam at the age of 21, he is suspected of becoming a supporter of
Al-Qaeda. Pham allegedly made his way to Yemen in 2010 to the terror group’s
base, which was run by Yemeni imam and Islamic militant Anwar al-Awlaki.
In December 2011, May issued an order that
Pham's British nationality be officially withdrawn on the grounds he was involved
in terrorist activities. Within 48 hours, she made a second order that he be
deported directly to Vietnam. He was subsequently detained in the Southeast
Asian state.
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Pham
appealed against his loss of citizenship to SIAC on the grounds he was devoid of
a nationality. The panel that heard his case agreed, but May later successfully
appealed its findings.
Pham's
Supreme Court hearing is expected to continue for two days, with a verdict to
follow on whether the British government has violated his human rights.
The
Guardian reported on Tuesday that Hugh Southey QC said during the proceedings
it seemed that Pham had lost his Vietnamese nationality when he was offered UK
citizenship. “It’s highly questionable whether Vietnam would accept him
back,” he told the court.
Central
to Pham’s case is also the question of his entitlement to EU citizenship.
In the past eight years,
the UK government has stripped 27 people of their citizenship on the supposed
grounds that their presence in Britain countered the public interest.
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