Supreme Court to consider whether Shamima Begum should return to UK
PUBLISHED: 11:53 31 July 2020
The country’s highest court will consider whether Shamima Begum should be allowed to return to the UK to challenge losing her British citizenship.
Ms Begum, 20, was one of three Bethnal Green 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, 2019.
Then-home secretary Sajid Javid revoked her British citizenship on national security grounds that same month.
In July, 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”.
At a remote hearing on Friday, July 31, the Court of Appeal granted the Home Office permission to appeal against its ruling at the Supreme Court.
Lady Justice King said the case raised “points of law of general public importance” which should be considered by the UK’s highest court.
The judge also granted permission for Ms Begum’s lawyers to challenge the Court of Appeal’s 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.
Sir James Eadie QC, for the Home Office, earlier said it was “an issue of real pressing public importance” which was “perhaps the central democratic issue of our times”.
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He added: “This cannot be assumed to be unique or even, given the number of people who have aligned in this way, to be a highly unusual case.”
Sir James said Ms Begum was “in precisely the category that causes real concern”.
He submitted that, while there may be “some potential for sympathy in light of the age she was when she left the jurisdiction ... she did leave the jurisdiction with the intention of, and then did align with, violent extremists in Syria”.
The court also heard the apparent leaking of the Court of Appeal’s draft judgment “or the essential contents of that judgment” to The Sun ahead of its formal publication would be referred to the Attorney General.
At the outset of Friday’s hearing, Lady Justice King said: “There was a breach of the embargo which preserved the confidentiality of the judgment until hand down, the judgment having been circulated to the parties on July 9.
“Either a copy of that judgment, or the essential contents of that judgment, were disclosed or passed on to The Sun in advance of the judgment being handed down on July 16.”
The judge added that “the article was removed during the course of the night” before the Court of Appeal gave its ruling.
Lady Justice King also said that the article “rightly or wrongly referred to “senior Government sources” as having been the source of the information.
She said: “We intend to report that matter to the Attorney General.”
Sir James told the court that Sir Jonathan Jones, the head of the government legal department, was conducting an investigation into the leak and would provide a final report on the matter in two to four weeks.
He added that there was “no suggestion or accusation that it was the appellant (Ms Begum) or someone on her legal team who might be responsible”, but that “one cannot assume it was Her Majesty’s Government”.
Ms Begum was one of three schoolgirls from Bethnal Green Academy who left their homes and families to join IS, shortly after Sharmeena Begum, who is no relation, travelled to Syria in December 2014.
Kadiza Sultana and Amira Abase, then 16 and 15 respectively, and Ms Begum boarded a flight from Gatwick Airport to Turkey, on February 17, 2015, before making their way to Syria.
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