Individuals accused by the UK Government of association with ISIS are being kept in the dark about being stripped of their British citizenship, effectively preventing them from challenging this move, says a new paper by a Lancaster University researcher.
'How can you appeal something you don't know about?' Enforced ignorance within UK citizenship deprivation cases involving 'ISIS-associated' individuals by Dr Madeline-Sophie Abbas, a Senior Lecturer in Sociology, has been published in the Journal of Ethnic and Migration Studies.
The paper calls for new measures to enable individuals, indefinitely detained in camps in Syria, to be able to appeal against the decisions.
UK legislative changes, following the introduction of the Nationality and Borders Act 2022, rework terms of (non)knowledge production, enabling citizenship deprivation (CD) orders to be made without notice.
But, argues the paper, the concept of 'enforced ignorance' captures legalised injustices facing targeted individuals, meaning ignorance of deprivation orders prevents them from appealing decisions.
Enforced ignorance functions through ignorance, secrecy, silencing and uncertainty, comprising relational racialised epistemic practices that undermine rights and accountability.
And, it adds, the right to appeal for deprived individuals is undermined by relational circuits of (non)knowledge comprising ignorance of their deprivation status, secrecy around data and evidence on which deprivation decisions are based, and silencing mechanisms that prohibit deprived individuals from communicating effectively with their lawyers.
This, says the paper, affects the right to appeal.
The Government has said that it does not affect the right to appeal but, asks Dr Abbas, how can you appeal something if you don't know about it?
Special Advocates (SAs), specially appointed lawyers who represent appellants deprived of citizenship in closed proceedings, who are now trying to challenge those appeals, say that people are often given very little by way of information as to the reasons why they have been deprived.
The research says:
- Secrecy requirements within CD cases on security grounds prevent appellants from accessing knowledge of their case or how decisions have been made.
- Closed-material procedures undermine procedural safeguards by producing barriers for courts to conduct judicial review.
- SAs have privileged knowledge access regarding appellants but not full access, which prohibits effective legal representation.
- SAs are co-opted into a 'secret world' where, in the absence of judicial oversight of closed court proceedings, 'unrestrained secrecy' undermines rights, legitimised as security measures. Alongside secrecy, silencing mechanisms operate in two main ways: firstly, communications between appellants and SAs are restricted. Secondly, via testimonial absence. Cases are undertaken in absentia where individuals are prohibited on security grounds from returning for appeals.
- Requirements should be introduced that an independent court or tribunal signs off before a deprivation order takes effect to ensure conditions of necessity and proportionality are maintained. Currently, CD can occur without conviction or a fair trial which undermines procedural rights. At a minimum, procedural safeguards should be introduced to ensure individuals are aware of deprivation orders, the reason for orders, are able to access appropriate legal representation and fully participate in appeals to ensure due process is upheld.
Dr Abbas said: "The UK government has deprived 'ISIS-associated' individuals of their UK citizenship without right to a fair trial or judicial review.
"A key issue is that the list of terrorist offences has been expanded to include residing in ISIS-related territory as an offence and, therefore, sufficient grounds for citizenship deprivation.
"However, consideration has not been given to explanations, such as trafficking or grooming, as to why individuals (particularly those who travelled as children) entered ISIS-controlled territory.
"Since decisions are usually taken when people are outside the UK, they are prohibited from appealing decisions in UK courts, effectively silencing them from giving testimony.
"This situation has been exacerbated by the introduction of the Deprivation of Citizenship Orders Act 2025, which prevents citizenship status from being reinstated until the UK government has exhausted all prospects for challenging appeals, thus extending appellants' abandonment in unstable camps in Syria."
