Begum’s return to UK on hold pending court battle

SHAMIMA Begum’s potential return to the UK to challenge the deprivation of her British citizenship has been put on hold after the Government was given permission to take the case to the Supreme Court.

Ms Begum, now 20, was one of three east London schoolgirls who travelled to Syria to join the so-called Islamic State group (IS) in February 2015.

She lived under IS rule for more than three years before she was found, nine months pregnant, in a Syrian refugee camp in February last year.

Then-home secretary Sajid Javid revoked her British citizenship on national security grounds later that month.

Earlier this month, the Court of Appeal ruled 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”.

Lord Justice Flaux – sitting with Lady Justice King and Lord Justice Singh said: “Fairness and justice must, on the facts of this case, outweigh the national security concerns, so that the leave to enter appeals should be allowed.”

The judge also found that “the national security concerns about her could be addressed and managed if she returns to the United Kingdom”.

At a remote hearing yesterday, the Government argued that the Court of Appeal wrongly concluded Ms Begum should be granted leave to enter the UK despite the fact that “she is assessed to pose a threat to UK national security”.

Sir James Eadie QC, for the Home Office, told the court there were “significant

national security concerns” about Ms Begum’s potential return to the UK.

He said: “The exposure of the public to an increased risk of terrorism is not justifiable or appropriate in an individual case on fairness grounds save perhaps in the very rarest of cases ... this was not such a rare case.”

Sir James added: “The public will be less well protected if Ms Begum returns than it would be if she does not return.”

He argued that the case concerned “an issue of real pressing public importance” which was “perhaps the central democratic issue of our times”, namely what the courts should do when “someone at present cannot have a fair and effective hearing in a deprivation appeal, but they cannot do so because ... of going abroad and aligning with terrorist groups”.

Sir James also said it cannot be assumed to be unique or even a highly unusual case.”

Lady Justice King said the case raised “points of law of general public importance” which should be considered by the UK’s highest court. She said that “clearly there must be a stay” on Ms Begum’s potential return to the UK “until further order by the Supreme Court”.

The judge also granted permission for Ms Begum’s lawyers to challenge the decision that the absence of a fair and effective appeal did not mean her British citizenship should be restored, subject to the Supreme Court accepting that part of the case.