In relation to Rule 25E, the noble Baroness is quite right. It is imperative that the commission determines the application on paper and without a hearing. As I elucidated a moment ago, that process is deliberately framed so that it can be resolved quickly because of the national security issues implicit in a deprivation decision. I am afraid that it is a “must” for a reason, and not a “may”. Clearly, SIAC, like any court, is able to make a decision on the information available to it and, if it feels that it lacks information, it is entirely open to it to ask for further information from the party appearing before it. I hope that that answers the question.
On the dual nationality point, the word “potential” is significant. The question in the statute is whether a person is eligible for citizenship of another country. That gives rise to the power to deprive under Section 40(4A), which is the power that I mentioned, which has yet to be deployed to date. As to reporting, I hear the noble Baroness’s question and I shall find out further detail and write to her in respect of it. I hope that I have therefore addressed the questions posed.
I want to be absolutely clear that the power to deprive an individual of citizenship has been possible for over a century. Section 10 of the Nationality and Borders Act does not change the reasons for which a person can be deprived of their citizenship, nor does it remove a person’s right of appeal. It is simply about the mechanics of how a deprivation decision is conveyed to the individual concerned and recognises that, in certain exceptional circumstances, it may not be possible to give notice.
The Home Office will always try to serve any deprivation notice at the point of a decision, including providing information about the person’s statutory
appeal rights. Where that is not possible, and the person later makes contact with the Home Office, they will be issued with a decision notice and an explanation of their appeal rights. Section 10 of the Nationality and Borders Act clarifies that the timescales for lodging an appeal in these cases starts from when they are given the notice of the deprivation decision and not when the decision was first made.
In conclusion, this instrument is in the final stage of implementing the safeguards, as noble Lords noted, which will hold the Government to account in relation to decisions to deprive a person of citizenship without first giving them notice. It will also ensure that the Special Immigration Appeals Commission is required to include credibility statements in any relevant decisions that it makes that dispose of asylum and human rights claims. I commend the regulations to the Committee.