Post by J NewmanPost by Jon RibbensPost by Clive PageThere is a news item in today's Sunday Times (and other papers as well
perhaps) saying that Asma Al Assad, wife of the ex-leader of Syria,
who is seriously ill in Moscow will not be able to return to the UK as
her British passport has expired. It may well be that our Government
will not want to renew her passport. Without wanting to deal with
the question of whether the UK should welcome her return or not, I
would like to question the law on the matter.
By all accounts she is British by birth and she does not appear to
have renounced her citizenship, so I would have expected that she
would have an absolute right to enter the UK with or without a current
passport. As far as I know there did not used to be a law saying that
a British Citizen needed a passport to enter the UK, only that it was
in practice a good piece of evidence of one's identity and therefore
one's right to enter the country. I would have thought that even an
expired passport would be pretty good evidence of one's identity. So
has the law on the right of entry changed?
If she were somehow to manage to present herself at immigration then
I imagine she could get in with her expired passport, notwithstanding
any issues that might arise due to her being the wife of a murderous
dictator. But the problem is presumably that she cannot get an airline
to agree to convey her here without a valid passport or visa.
I believe airlines' reluctance to fly passengers without a valid
passport or visa is because they are afraid of the costs they bear
should the passenger be refused entry.
I suppose if she were to pay them enough, or charter a private jet, this
is point becomes moot.
Despicable as her husband is, it is a dangerous precedent if the
government can exclude or deprive people of citizenship for political
reasons. Furthermore, there is no direct evidence that shows she has
blood on her hands.
If British citizenship is all she has, international conventions mean
we can't exclude her. No-one is allowed to be made stateless, even if
they are considered to be not conducive to the public good and would
therefore in principle be someone we'd like to exclude if we could.
Where someone has dual nationality, though, and their presence is
considered not conducive to the public good, then we (through a decision
of the Home Secretary) are perfectly within our rights to deprive that
person of the British part of the nationality she has and deny her entry
to the country. That's Section 40 of the British Nationality Act 1981.
I assume that, besides her British citizenship, she is also has Syrian
nationality, so the British part of her current citizenship could be
revoked.
While she retains any British citizenship, the principle is that she has
to be allowed in with or without a passport if she rocks up at our borders.
It's an obvious point, though, that anyone whose citizenship is revoked
on the grounds of their presence here not being conducive to the
national good will argue till they're blue in the face that the decision
was actually for political reasons. But they won't get anywhere. The
decision is ultimately for politicians to make.