Athos
Well-Known Member
We'll have to disagree about it being weak. It's clearly discriminatory and racist. If they don't take that line in court, then the bet will be off, as that particular aspect of it won't have been tested.
It's hard to see how she can take that line, now; the case has been remitted to the SIAC to reconsider its second preliminary finding (the extra-territoriality point) (and the refusal to grant Leave to Enter has been quashed). But the first preliminary finding - that she wasn't made stateless - remains intact. I'm not sure that will be revisited (unless there's it's somehow worked into an appeal about the SIAC's final determination of the deprivation appeal).
And, from reading this original decision on the preliminary points by the SIAC (https://www.judiciary.uk/wp-content/uploads/2020/02/begum-v-home-secretary-siac-judgment.pdf) it doesn't look she pursued the discrimination argument to attack the statelessness issue. To my mind, it's inconceivable that they wouldn't have if there'd been any prospect of success.
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