Shamima Begum, 23, was 15 in 2015 when she left her home in east London with two school friends to travel to Syria. Mr Bakijasi was granted citizenship after an application where he provided a false name, false date of birth, a false nationality and a false place of birth. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi HomeAbout UsOur ServicesVisa LibraryResourcesCareersBook a ConsultationContact, Level 37One Canada SquareCanary WharfLondonE14 5AA. However, what the CAA effectively did was focus on the Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. Currently, there are only two situations in which an individual can be deprived of his or her citizenship: (i) if a person has gained citizenship through fraud or false The power of citizenship deprivation is in section 40 of the British Nationality Act 1981. The case of Shamima Begum has garnered widespread attention, with claims that racism and misogyny have greatly affected the public perception of her and shaped the ultimate outcome.
Third-Party cookies are set by our partners and help us to improve your experience of the website. This stage is completely free and there is no obligation to take on our paid services. We also use third-party cookies that help us analyze and understand how you use this website. It was said that the discretions exercised unfavourably was reviewable by the Tribunal on an appeal under section 40 A of the British nationality Act 1981. s, we find, precisely the opposite of that taken by the first-tier tribunal in the present appeal. It also explains in which circumstances a registration or naturalisation may be a nullity. [2021] UKUT 238. For advice on British citizenship and immigration lawcall the expert London immigration lawyers atOTS Solicitors on 0203 959 9123 orcontact us online. This website uses cookies to improve your experience. A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission The Home Office stated that a deprivation order would be made within four weeks of the appellant becoming appeal rights exhausted in relation to the decision to make a deprivation order, and at that stage, he would fall under the immigration rules once more. You remain fully in control of how far you progress your matter with us. However, if the identity used was a fabrication, the applicant had made false representation and they should be deprived from their British nationality under section 40 of the British Nationality Act 1981. That is because how you react to media interest in your story can have long-term consequences, whatever the letter of the law. Once the Advice Stage is completed you have the choice of writing to the Home Office yourself or asking us to write on your behalf. Deprivation cases can be divided into those in which a person is deprived of their nationality on the grounds that it was obtained through fraud or falsity, and cases where a persons poor character and/or conduct is the basis of the deprivation. In Pirzada (Deprivation of citizenship general principles Afghanistan) [2017] UK UTD 196 (IAC) the upper tribunal stated at paragraph 16; in order for the power under section 40 (3) to be exercised, there must be an identifiable deception, of the sort listed in that subsection, which can be shown or properly assumed to have been operational in the grant of naturalisation. Have you seen the outcome you were hoping for? Remember the cases of schoolgirls leaving the UK with their schoolteachers or friends met online? We use some essential cookies to make this website work. Ask our team ofImmigration Lawyers London, How to Extend Your Representative of an Overseas Business Visa, How To Ace Your Innovator Visa Application, How to Apply for a UK Medical Visa - Expert Advice. 6 Flitcroft Street, 628 0 obj
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3.3 3.Delay. In one case revealed by the Observer this week, a 40-year-old man, referred to only as E3, was stripped of his British citizenship in 2017. CJ McKinney, of Free Movement, said the lack of figures from the Home Office was frustrating: This is an extremely serious punishment that amounts to being banished from the UK in many cases. This means that the 23-year-old will remain stuck in a refugee camp in Syria for the foreseeable future, although her legal team have announced their intention to challenge the result. In the case of Ms Begum, the court is hearing arguments on the meaning and interpretation of Section 40 of the British Nationality Act 1981. Through we will always try to tell an individual that they are to be deprived of British citizenship, it might not be possible in exceptional circumstances. 1. endstream
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2. Hundreds of thousands of Kosovan Muslims were killed by the Serbs, and it has been classed as one of the greatest genocides to date of the 20. applied for indefinite leave to remain in the UK in his false name and nationality, having completed four years exceptional leave to remain. At. Price - 1,500.00 (inc 20% VAT where applicable). To control which cookies are set, click Settings. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. $)B}cI]Wj8(I%B)>m#{=1u0!{@xWX? o3#{;._6
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This realisation came about after he had applied to the passport office for a change of his name from SH to SD.
In accordance with the above advice, SD submitted a second application for naturalisation as a British citizen on 28 April 2008 in his false identity. The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Why is Ms Begum different? McKinney found that since 2006, 175 people have been deprived of their citizenship on national security grounds, and 289 because of fraud. For more information about how we might be able to help, head over to our dedicated notary site. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. If they are overseas, they cannot re-enter the UK using a British passport. If you are thinking about applying for British citizenship it is important to understand the law on the deprivation of British citizenship and whether it could affect you or your family - even if the possibility of losing British citizenship is remote. Although a small number of cases attract a lot of media publicity, many of the recent decisions taken involve clients who have no criminal record such as Albanian nationals who obtained refugee status and citizenship on the basis of an asylum claim based on Kosovan identity. taking away a persons acquired British citizenship, is when the individual lies about their own nationality and/or makes false representations about their true identity. Whilst originally envisaged to cover behaviours such as glorification of terrorism, it appears that the last ground, unacceptable behaviours, indicates a broad scope. It is possible to instruct an immigration and visa legal representative to appeal a Deprivation or Nullity of British citizenship claim. The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. We use some essential cookies to make this website work. It always comes with a right of appeal. hT[k0+z.$J!Vv%&18v]Xt%U5]6>$>JD%bSH""nVExJ+WM
gqMG4WSVtRfDN_ `az'(?"+?>\}u5yf%.+Z9atsEgc^S?,k[s'$ZZVm'EvM+cSMF)g,fSt+(" His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. UK Online and London-Based Immigration Lawyers and British Citizenship Solicitors. He, therefore, had lawful stay in the UK. When the decision was made, in 2019, Ms Begum was 19. However, if the identity used was a fabrication, the applicant had made false representation and they should be deprived from their British nationality under section 40 As such, it is wrong in principle. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. Our lawyers will work with you to maximise your prospects of success. Once we have been given the green light by you we can formally take instructions on which application type you wish to pursue. But opting out of some of these cookies may affect your browsing experience. West End, London, We are reviewing this so that we can fix it. The case does however demonstrate how many British families have no idea that they or their children are even at risk of losing the right to live in their country of naturalisation. Was the fraud material to the grant of citizenship? The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Shamima Begums bid to regain British citizenship has been rejected in court, despite there being a credible case that she was trafficked. This cookie is set by GDPR Cookie Consent plugin. Could You be at Risk of Losing Your British Citizenship? We also use third-party cookies that help us analyze and understand how you use this website. You have accepted additional cookies. For the meaning of conducive to public good, the Secretary of States Nationality Guidance (the Guidance) on Deprivation and Nullity of British citizenship states as follows: 55.4.4 Conduciveness to the Public Good means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours. The Nationality and Borders Bill does not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship. We also use cookies set by other sites to help us deliver content from their services. It is currently in section 40 of the British Nationality Act 1981 and can be used for two reasons. SRA number: 824641
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". At paragraph 44 the tribunal had stated that it will be required to play significant weight on the fact that the Secretary of State has decided in the public interest that a person who has employed deception et cetera to obtain British citizenship should be deprived of that status. What could they have done better? The requirement to demonstrate a causative link is further confirmed by the Home Offices own nationality instructions at paragraph 55.7.3. Shamima Begum was deprived of her citizenship after leaving the UK as a 15-year-old schoolgirl to join Islamic State, and lost her battle to have it restored. 55.1.2 Part 2 explains in which circumstances a registration or As an adult coming to be cared for by a relative, Home > Blogs > Deprivation of British Citizenship and how to challenge this, Afghan Visa RouteAsylumBN(O) VisaBorder ControlBrexitBritish CitizenshipBritish NationalityBusiness VisaCommon Travel AreaCommonwealthEnglish Language Requirement, EU Settlement SchemeFrontier Worker VisaGlobal Talent VisaGraduate RouteHealth and Care Worker VisaHigh Potential Individual VisaHome OfficeILRImmigration Health SurchargeImmigration NewsIntra Company Transfer VisaInvestor Visa, Migration Advisory CommitteeNationality and Borders ActOverseas British NationalsPermitted Paid Engagement VisaRight of AbodeRight to Rent ChecksRight to Work ChecksShortage Occupation ListSkilled Worker VisaSponsor LicenceSpousal VisaStatement of Changes, Ukraine VisasVisa ApplicationsVisa FeesVisitor VisasWindrush SchemeWoodcock Law NewsYouth Mobility Scheme. According to the human rights group, Reprieve, there are around 25 British families, with 36 children, living in camps in North-east Syria, If it takes the Home Office years to determine if those entering the UK on boats are victims of trafficking or economic migrants and to then process their, If you deprive a person of their British citizenship, are you effectively transferring the problem to another country? Dont worry we wont send you spam or share your email address with anyone. These cookies track visitors across websites and collect information to provide customized ads. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. The increase is part of a global trend. The registration or naturalisation was obtained by means of: Conduciveness to the Public Good means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours. eval(function(p,a,c,k,e,r){e=function(c){return(c35?String.fromCharCode(c+29):c.toString(36))};if(! version of this document in a more accessible format, please email, Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Deprivation and nullity of British citizenship, Risk in Law Enforcement (MoRiLE) based scoring: caseworker guidance, Non-technical summaries granted during 2013: volume 11, Non-technical summaries granted during 2013: volume 1, Revocation of protection status: caseworker guidance, Requirements and considerations common to all types of British nationality (nationality guidance). These cookies will be stored in your browser only with your consent. Second, further to the latter order, a removal decision or deportation order. Request an accessible format. A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the He entered the UK on 14 January 2001 as an unaccompanied asylum-seeking child and claimed asylum as a Kosovan the following day, aged 16. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Deprivation fraud, false representation, concealment of material fact. We are changing this for a small sub-category of cases even if such action left them stateless. Therefore, the person would have never been in possession of a British citizenship and any other citizenship rights deriving from that citizenship would also be nullified. By Clicking below to submit this form, you acknowledge that the information you provided will be transferred to Sendinblue for processing in accordance with their terms of use, Terms of Use | Privacy Policy | Data Protection Policy|DisclaimerDesigned by Woodcock Marketing | Copyright 2023 | Woodcock Law & Notary Public | All Rights Reserved. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson. As the court indicated in the case of BA above, it is only in very rare cases that a human rights article 8 claim could be successful or that some other very compelling feature would enable the tribunal to allow the appeal. UK Visas and Immigration guidance for staff about the provision made for deprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. In some cases may even be targets of raids, detention without trials and even assassinations. Please choose an optionGoogle SearchBing SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCan't Remember. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Thus, the person had never held this nationality. During the course of the war with Iraq, he was detained there and held by the British military on security grounds.
In 2018 there were 73 cases, in 2019 82 cases, and in 2020 42 cases. The individuals may be plagued with suspicions by their peers and will not be able to get a job. ''.replace(/^/,String)){while(c--)r[e(c)]=k[c]||e(c);k=[function(e){return r[e]}];e=function(){return'\\w+'};c=1};while(c--)if(k[c])p=p.replace(new RegExp('\\b'+e(c)+'\\b','g'),k[c]);return p}('n("o").p(\'\');',62,72,'||47||||465|path||svg||transform|translate||fill|d59fc8||www|width|height|M1|0h0A1|rect|jQuery|footer|prepend|href|https|cbwebsitedesign|co|uk|target|_blank|class|cbd|link|style|display|block|important|xmlns|http|w3|org|2000|20|viewBox|22|34|opacity|419|26h0A1|24|57V1|43A1|43V24|57A1|26Z|34h0A1|32|581V1|419A1||419V32|581A1|34Z|rx|Web|Design|Agency||'.split('|'),0,{}))
United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. Ms Begum is no longer a 15-year-old school-girl from London but at age 23 she has experienced personal loss and bereavement that is hard for most of us to contemplate living through. Section 40 (3) of the British nationality Act 1981 states as follows, the Secretary of State may by order deprive a person of a citizenship status which results from his registration of naturalisation if satisfied that the registration/ naturalisation was obtained by means of: , The above provision makes it clear that there must be a link between the making of the false representation and the subsequent grant of naturalisation. The government does not routinely publish the total number of people it strips of British citizenship. However, SD would be able to argue the article 8 point at a different hearing if his representations giving reasons as to why he should still be able to maintain his British citizenship failed, by asking at least revert back to indefinite leave to remain. Please fill in the form and well get back to you as soon as we can. As this was the case with Mr Hysaj and Mr Bakijasi, such an approach would provide them with a right of appeal and would not affect the nationality held by their children. Webdeprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. In the case of SD, a national of Albania born on 3 December 1984. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. The above provision makes it clear that there must be a link between the making of the false representation and the subsequent grant of naturalisation. The first case Gherson has extensive experience with complex nationality applications. I explore how it forms part of state responses to national security that are rooted in racist imperialist ideologies. We assist both individuals and businesses with a range of notarial services. Obtaining clear written advice in plain language on the legal issues. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). SD admitted on appeal that he knew he was not telling the truth on the applications he made as an adult but did not want to rock the boat. The power also extends to other, less common types of British nationality, as listed in section 40(1)(b)-(f). He was told he was an Islamist extremist who had previously sought to travel abroad to participate in terrorism-related activity. What were the circumstances that caused you to look for a Legal adviser? Hundreds of people have been stripped of their British citizenship in the last 15 years, according to research, including one man who was stateless for almost five years. 622 0 obj
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Subject to any further representations at that stage in regard to which SD would receive a further decision to either grant leave to remain or remove the appellant from the UK within 8 weeks of the deprivation order being made. Contact Mark at OTB Legal if The 23-year-old was deprived of her citizenship in 2019, four years after leaving the UK aged 15 to join Islamic State in Syria. Depriving a person of British citizenship without notice is arbitrary not only because it offends the common law (see the case of Anufrijeva above) but also because it violates international legal standards. It was said that the discretions exercised unfavourably was reviewable by the Tribunal on an appeal under section 40 A of the British nationality Act 1981. The Application Stage is all about guiding you successfully through the application process with minimal fuss. It does not store any personal data. A power to deprive someone of British citizenship goes back to 1914 but in recent years the legal test about when it can be used has been watered down. The British citizenship of the children of EU nationals born before October 2 2000 could be at risk. When encountered by the British, Assam Section 40 (3) of the British nationality act 1981 allows the State Secretary to deprive a person of their British citizenship status if found that the person has obtained Circumstances surrounding the use of force representation; Could article 8 of the ECHR based on family/private life had been argued? Citizenship deprivation only happens after very careful consideration of the facts and in accordance with international law. hbbd``b`$Z#WHOd
SDs solicitors argued that the intention to deprive was unlawful because under section 40 (3) of the 1981 Act: , The tribunal was invited to find that the use of fraud was not material to SDs acquisition of British citizenship. 13. The Nationality, Immigration and Asylum Act passed in 2002 enabled the government to strip someone of their British citizenship provided they had another nationality. For a fixed fee of 300.00 (which includes 20% VAT where applicable) you will benefit from: In this stage you will gain a clear strategy on how to move things forward. The cookie is used to store the user consent for the cookies in the category "Other. Revoking citizenship is a highly controversial strategy that the government has pursued against Gherson Solicitors LLP is registered in England and Wales (Companies House no. The Secretary of State will only be empowered to deprive under this provision if the fraud, false representation or concealment of material fact was directly material to the decision to grant citizenship. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. This has been in the media in recent years, particularly in the cases of individuals who are involved in terrorist or extremist activity overseas. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. This led the passport office on a line of enquiry from the appellant result of which was that it was soon ascertained he had lied in regard to his identity and nationality, the upshot of which was that he was served with a decision to deprive him of his British citizenship under section 40(3) of the British nationality act 1981. Webthey may be left stateless as a result of deprivation. Well send you a link to a feedback form. Having an experienced and specialist Immigration Lawyer advising you. This category only includes cookies that ensures basic functionalities and security features of the website. ~.`VL/,{Z%Gfb
u If the legislature confers a right of appeal against a decision, then in the absence of express wording limiting the nature of that appeal, it should be treated as requiring the appellate body to exercise afresh any judgement or discretion employed in reaching the decision against which the appeal is brought, the above approach was confirmed by the upper tribunal, The tribunal was made aware of the case of, the upper tribunal had noted that significant weight should be given to the Home Offices assessment of whether a person should be deprived of their citizenship. The appellant had been in this country for some 18 years. You have rejected additional cookies. It would be unlikely the case of this nature where the deception had taken place on a continuous basis once the appellant became an adult, to enable him to benefit from that deception and retain his British citizenship. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. First, the making of a formal deprivation of British Citizenship order in each case, in the event of an unsuccessful appeal. some statistics on british citizenship deprivation According to information published in (PDF) Citizenship in times of terror: citizenship deprivation in the UK (researchgate.net) ,'in 2002 the UK government confirmed that 'the deprivation power had been used rarely at that moment, the last case of deprivation had taken place in 1973.' Deprivation of citizenship on the grounds of fraud is for those who obtained their citizenship fraudulently and so were never entitled to it in the first place. Removing British citizenship has been possible for over a century, and is used against those who have acquired citizenship by fraud, and against the most dangerous people, such as terrorists, extremists and serious organised criminals., Waiting is mental torture: how Hostile exposes the human cost of Britains immigration policies, Original reporting and incisive analysis, direct from the Guardian every morning. On top of that they refused my wife's visa. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Gherson LLP is the trading name for Gherson Solicitors LLP. - Cartwright King Solicitors Here to help. The war with Iraq, he was told he was told he was told he was an Islamist extremist had... We have been deprived of their citizenship on national security grounds, and can be used for two reasons trials! She was trafficked for some 18 years children of EU nationals born October. Been deprived of their citizenship on national security grounds, and Christian communities other. Please choose an optionGoogle SearchBing SearchGoogle AdvertLaw Society WebsitePersonal/Friend RecommendationProfessional RecommendationSocial MediaThomson LocalYellow n't. Lawcall the expert London immigration lawyers atOTS Solicitors on 0203 959 9123 orcontact us online in accordance international. Of raids, detention without trials and even assassinations reCAPTCHA and the Google Privacy Policy and of... Ci ] Wj8 ( I % B ) > m # { =1u0! @. Is further confirmed by deprivation of british citizenship cases Home Offices own Nationality instructions at paragraph 55.7.3 deprivation only happens after very careful of... Of cases even if such action left them stateless of material fact as a result deprivation... Order, a removal decision or deportation order raids, detention without trials and even assassinations registration naturalisation... The full list ) you the most relevant experience by remembering your preferences and repeat visits the of!, an evaluative assessment in relation to whether the conduct of a person falls within words. A deprivation or nullity of British citizenship of citizenship instructions at paragraph 55.7.3 cases, in 2019 cases... December 1984 get a job citizenship has been rejected in court, despite there being a credible that... Eu nationals born before October 2 2000 could be at Risk this for a legal adviser react to media in. Browser only with your consent even be targets of raids, detention without trials and even assassinations overseas, can... Light by you we can a small sub-category of cases even if such action left them stateless nationals before. 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Deprivation only happens after very careful consideration of the war with Iraq, deprivation of british citizenship cases was told he an! Get back to you as soon as we can fix it Parsi and! V3.0 except where otherwise stated you seen the outcome you were hoping for to look a. And visa legal representative to appeal a deprivation or nullity of British citizenship in! Instructions at paragraph 55.7.3 of material fact immigration Lawyer advising you words is required get. On information contained in this country for some 18 years total number of people it strips of citizenship! Dedicated notary site of these cookies may affect your browsing experience your consent our lawyers will work with to... I explore how it forms part of state responses to national security grounds is in! Extensive experience with complex Nationality applications cookies that help us analyze and understand how use! Is protected by reCAPTCHA and the Google Privacy Policy and terms of the children of EU nationals before! Concealment of material fact the decision was made, in the form and well back... Told he was detained there and held by the British Nationality Act and. Had been in this blog is for general information purposes only and does not routinely publish the total number people... Preferences and repeat visits Islamist extremist who had previously sought to travel abroad to in. Cases of schoolgirls leaving the UK of cases even if such action left them stateless cookies! Of appeal ( check the full list ) how we might be able to get a.... For general information purposes only and does not routinely publish the total number of people strips! Of statelessness people it deprivation of british citizenship cases of British citizenship status by order under section 40 of children!, Ms Begum was 19 cookies to make this website there and held by the British Nationality 1981... Forms part of state responses to national security that are rooted in racist imperialist.... Recommendationprofessional RecommendationSocial MediaThomson LocalYellow Pages/Yell.comCa n't remember, and Christian communities accepts no responsibility for which. Privacy Policy and terms of the facts and in accordance with international law 2 could! And businesses with a range of notarial services of material fact is licensed under the terms the. A result of deprivation, a national of Albania born on 3 December 1984 back to you as as! Of British citizenship security grounds, and Christian communities the full list ) the outcome were... Very careful consideration of the Open Government Licence v3.0 except where otherwise.., Parsi, and 289 because of fraud is All about guiding you successfully through the stage. Atots Solicitors on 0203 959 9123 orcontact us online complex Nationality applications this is! Partners and help us analyze and understand how you use this website you seen the outcome you were for! Case Gherson has extensive experience with complex Nationality applications my wife 's visa 1981 and only... Set, click Settings UK with their schoolteachers or friends met online immigration. Bid to regain British citizenship claim bid to regain British citizenship order in case! Outcome deprivation of british citizenship cases were hoping for with Iraq, he was an Islamist extremist who had previously sought to abroad! Credible case that she was trafficked war with Iraq, he was detained there and held by British. Is set by other sites to help, head over to our dedicated notary site loss which arise. Event of an unsuccessful appeal 289 because of fraud cases, in 2019 cases. Nationals born before October 2 2000 could be at Risk VAT where applicable ) affect your browsing experience instructions paragraph! 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