Differing approaches to National Security: Citizenship Deprivation and Criminal Prosecution

The Government’s approach to questions of national security is complex and ever-changing, reaching into various areas of law.  It is not always consistent, favouring the prosecution of those suspected of committing terrorist offences in some cases, whilst effectively exiling others through stripping them of their British citizenship. This seminar will explore these issues from two legal perspectives - immigration and crime - touching on recent developments and case law.

We will also explore what happens to those who are acquitted of TACT offences or where prosecutions obtain a No Further Action Determination or fail. Examples of what often happens include: passport removal; deprivation of citizenship; Terrorism Prevention and Investigation Measures (TPIMs); financial sanctions; exclusion orders; deportation; and “remedies”.
 

Speakers

Amanda Weston QC, Garden Court Chambers
Amanda is a leading public law barrister with an outstanding track record in complex, sensitive and contentious judicial review in a broad range of fields including national security and unlawful detention, citizenship and statelessness, immigration and asylum, minority and disability discrimination and civil liberties, prisoners’ rights, community care and Court of Protection. She also takes on Inquiry work and advises on international and European public law matters. 

Hossein Zahir QC, Garden Court Chambers
Hossein Zahir has acted as lead defence counsel in some of the most high-profile criminal and terrorist trials in recent times. He is recognised as a leading individual in both Chambers & Partners and the Legal 500. Hossein specialises in criminal defence work. Formerly as a solicitor and now as a barrister, he has represented defendants charged with murder, drug trafficking, fraud, money laundering and other serious crimes. He has particular experience in terrorism as well as public order and protest cases.

Joanne Cecil, Barrister, Garden Court Chambers
Joanne Cecil combines a mixed serious crime and public law practice with criminal justice-related judicial review and civil litigation in the civil liberties sphere. She has a strong appellate practice both domestically and internationally, appearing at all levels including the Supreme Court. Joanne has developed an expertise in strategic litigation and acting for intervenors and has been instructed in every significant test case at the appellate levels concerning juvenile justice in recent years, resulting in significant changes to the law. Joanne won 'Legal Aid Barrister of the Year' at the Legal Aid Lawyer of the Year Awards (LALYs) 2019.

David Sellwood, Barrister, Garden Court Chambers
David is a public law practitioner, specialising in the areas of immigration, asylum, nationality, and human rights. He acts in public and private law proceedings in courts and tribunals at all levels, including SIAC and the Supreme Court. He is regularly instructed in complex asylum, deportation and citizenship deprivation proceedings; judicial reviews; and claims challenging unlawful immigration detention. He was recently junior counsel in R3 v SSHD [2021] UKSIAC SC 150 2018, a citizenship deprivation appeal involving alleged terrorism and national security issues.