Section 40A: Deprivation of citizenship: appeal, British Nationality Act 1981

A person—

who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or

in respect of whom an order under section 40 is made without the person having been given notice under section 40(5) of the decision to make the order,

may appeal against the decision to the First-tier Tribunal.

Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—

in the interests of national security,

in the interests of the relationship between the United Kingdom and another country, or

otherwise in the public interest.

In the case of an order made as described in subsection (1)(b), for the purposes of any rule or other provision limiting the time within which an appeal under this section may be brought, time does not start to run unless and until the person is given notice of the fact that the order has been made (see section 40(5D) and Schedule 4A).

Where—

an order under section 40 is made in respect of a person, and

the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997),

the order continues to have effect during the appeal period.

The appeal period is the period—

beginning with—

the day on which the person appeals against the decision, or

if the order is made after that day, the day on which the order is made, and

ending with the day on which the appeal is finally determined, withdrawn or abandoned.

For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).

The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 ...of that Act—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 106 (rules), . . .

section 107 (practice directions), and

section 108 (forged document: proceedings in private).

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Section 40A: Deprivation of citizenship: appeal

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