Shamima Begum's return to UK the 'only' fair way to appeal citizenship, court hears

24 November 2020, 18:48 | Updated: 24 November 2020, 19:03

Shamima Begum's lawyers are fighting to allow her safe return to the UK to appeal a citizenship ruling
Shamima Begum's lawyers are fighting to allow her safe return to the UK to appeal a citizenship ruling. Picture: PA Images
Ewan Quayle

By Ewan Quayle

The "only effective means available" of ensuring Shamima Begum has a fair appeal against the removal of her British citizenship is to allow her to return to the UK, the Supreme Court has heard.

Ms Begum's British citizenship was revoked on national security grounds shortly after she was found, nine months pregnant, in a Syrian refugee camp in February last year.

She was only 15 when she left the UK for Syria with two other east London schoolgirls to join the so-called Islamic State group (IS).

Ms Begum, now 21 and currently in the al-Roj camp in northern Syria, is challenging the Home Office's decision to remove her British citizenship and wants to be allowed to return to the UK to pursue her appeal.

Read more: Shamima Begum returning to UK 'poses security risk', Supreme Court told

Her barrister, Lord Pannick QC, told the court that the Government "cannot maintain a decision to deprive Ms Begum of her citizenship unless a means can be conferred on her, without unreasonable delay, (to have) a meaningful opportunity to appeal".

"Leave to enter (the UK) is the only effective such means available," he added.

Lawyer says Shamima Begum case has 'wide implications' for IS brides

The latest legal battle follows a ruling from the Court of Appeal in July, which said that "the only way in which she can have a fair and effective appeal is to be permitted to come into the United Kingdom to pursue her appeal".

But the Home Office argues that allowing her to return to the UK "would create significant national security risks" and expose the public to "an increased risk of terrorism".

The former head of the Metropolitan Police's counter terrorism command told LBC earlier this year that she would likely to face arrest and a subsequent terror trial if she took up the opportunity.

On the second day of a remote hearing on Tuesday, Ms Begum's lawyers argued that she "cannot play a meaningful part in her appeal" from the refugee camp run by the Syrian Democratic Forces, which "do not permit visits from lawyers nor do they permit detainees to speak to lawyers".

Read more: Shamima Begum case has 'wide implications' for other IS brides, lawyer tells LBC

Lord Pannick argued that the case against Ms Begum was "no more than that she travelled to Syria and 'aligned with IS'".

"It is not alleged that she fought, trained or participated in any terrorist activities, nor that she had any role within IS," he said.

"It is not said that she has expressed or harbours any ill will against the United Kingdom."

In 2015 (left to right) Kadiza Sultana, Shamima Begum, and Amira Abase left the UK for Syria
In 2015 (left to right) Kadiza Sultana, Shamima Begum, and Amira Abase left the UK for Syria. Picture: Metropolitan Police

On Monday, Sir James Eadie QC, representing the Home Office, argued that allowing Ms Begum to appeal in the UK would "create potentially very serious national security concerns".

He told the court: "She married an IS fighter, lived in Raqqa, the capital of the self-declared caliphate, and remained with them for about four years until 2019, when she left from, in effect, the last pocket of IS territory in Baghuz."

In written submissions, Sir James said: "This case raises questions as to the balance to be struck between degrees of protection of procedural rights and degrees of protection of the public from terrorism.

Read more: Isis bride Shamima Begum ‘highly likely’ to face arrest on her return to UK

"Can it be right that a person who has involved themself in terrorism, and is now abroad and subject to restrictions that affect their ability to participate in domestic proceedings, is able to rely on those self-created impediments to insist on return to the jurisdiction to enable them to participate now in such proceedings?

"Can it be right that they should be able to do so if enabling them to do so runs directly contrary to the most effective protection of the public from the risks of harm through terrorism?"

At the conclusion of the two-day hearing on Tuesday, the Supreme Court's president Lord Reed said the court would deliver its judgment at a later date.

More Latest News

See more More Latest News

The 64-year-old previously revealed he was days from death before undergoing surgery

Jeremy Clarkson issues major health update after life-changing surgery as he tells fans he is 'better than ever'

US Capitol Police arrested a man on Tuesday

Man arrested at US Capitol for 'smelling like fuel and bringing a flare gun and a torch', police say

Israeli PM Netanyahu has fired his defence minister Yoav Gallant.

Israeli PM Netanyahu fires defence minister Yoav Gallant in surprise announcement

Donald Trump after casting his vote on Tuesday

Donald Trump claims he's 'very confident' of victory in US election race after casting his ballot

Conor McGregor has been accused of raping and choking a woman in a Dublin hotel

Conor McGregor accused of raping and choking woman after snorting cocaine

The ex-Manchester City footballer married Stephen Darby in 2018, a few months before he was diagnosed with the condition

Ex-Lioness captain Steph Houghton reveals husband's 'life-changing' operation amid MND battle

Underground train, Barbican Tube Station, Smithfield, England, United Kingdom

Tube drivers call off planned London Underground strikes after improved pay offer

Playa de los Pocillos puerto del carmen Lanzarote, Canary Islands, spain

British tourist, 34, found dead on beach in Lanzarote

Trump and Harris go head to head

US Election night guide: What time do polls close and who is favourite to win?

The boy, who cannot be named for legal reasons, had only just turned 12 when he took part in the violent disorder

Britain's youngest rioter: Boy who had just turned 12 sentenced for involvement in violent disorder

The 170-metre red bridge over wetlands in Canada Water, south-east London, opened last week

Security guards to stop cyclists from using bright red ‘wildlife boardwalk’ at £3.3bn London housing development

Rubert Gispin was visiting flood-hit parts of his native Valencia

Spanish influencer defends ‘shameful’ decision to deliberately cover himself in mud in Valencia’s flood damaged streets

Sara Sharif's father denies murdering the 10-year-old.

Father claims he begged to save Sara Sharif before being told ‘Leave it, she’s dead’

Queen Camilla is unwell with a chest infection and has withdrawn from her engagements this week

The Queen withdraws from engagements this week after being taken ill, Buckingham Palace announces

Tesco customers are furious after being forced to wait hours to book a Christmas delivery slot.

'It's like getting Beyonce tickets': Fury as Tesco shoppers face 'ridiculous' online queues for Christmas delivery slots

Ladbaby has broken its silence on historic allegations of gripping.

Charity chart-topper Ladbaby breaks his silence on 'groping' allegations