Y1 is a former British citizen who was deprived his citizenship in 2011. Y1 was born in 1972 in Afghanistan and lived in Britain for over a decade prior to his exclusion. Y1 has a wife and a son. Theresa May deprived him of citizenship in 2011, against advise from the security services.
Y1 first arrived to the UK in September 1998. He initially sought asylum and in 2004 successfully applied for naturalisation to become a British citizen. Shortly after gaining his citizenship Y1 married his first wife, M, with whom he had a son. They later divorced and a few years later Y1 married his current wife, MS. While living together in Britain, the couple had difficulties due to their Muslim identities, manifested particularly through the pressure MS was facing in the UK over her Muslim dress. They wanted to live more Islamically and decided to go back to Afghanistan. In 2010, Y1 and MS initially moved to Kabul and then to the Waziristan region of Pakistan. After less than a year, the couple returned to Afghanistan where they got detained for a month by British forces in 2011 while the UK government tried to figure out what to do about him. Just before he got released Theresa May deprived him of his British citizenship. The Home Secretary quoted reasons of national security to justify the deprivation, accusing Y1 of having links to the group Al Muhajiroun and traveling to Afghanistan in attempts to fight British and American troops over there. Y1 and his lawyers claimed that there was no evidence that Y1 intended to carry out any attacks and the measure was disproportionate. Remarkably, the decision taken by Theresa May went against advice from the Security Services that argued that Y1 should be allowed to return to the UK. This was the first known instance of the Home Secretary overruling views of the security services and revealed the scope of the Home Secretary’s executive powers.
Y1 lodged an appeal to the Special Immigrations Appeals Commission (SIAC) in August 2011, in what was a four day long trial of which half was heard in secret. Y1 participated in the hearing via video-link from Kenya, which is the country of birth of his wife and the place where he was based at the time of the hearing. The SIAC judgement of November 2013 dismissed Y1’s appeal against his citizenship deprivation, claiming that secret evidence showed Y1’s desire to engage in terrorist activities and his ‘commitment to Jihadist ideas’.
SIAC (2013) Y1 v Secretary of State for the Home Department (Refusal of Entry – Dismissed) UKSIAC 112/2011 (13 November 2013)
SIAC (2012) Y1 v Secretary of State for the Home Department (Deprivation of Citizenship – Dismissed) UKSIAC 112/2011 (18 May 2012) http://www.bailii.org/uk/cases/SIAC/2012/112_2011.html