Shamima Begum, the British girl who left the United Kingdom to join ISIS at the age of 15, has lost her appeal against the decision by the UK government to revoke her British citizenship despite a ‘credible’ case she was trafficked.
However, the ruling does not determine if Begum can return to Britain, but whether the removal of her citizenship was lawful.
The ruling means the 23-year-old remains barred from returning to the UK and stuck in a camp in northern Syria.
Judge Robert Jay gave the decision on Wednesday, February 22, following a five-day hearing in November, during which her lawyers argued the UK Home Office had a duty to investigate whether she was a victim of trafficking before removing her citizenship.
Begum, now 23 and living in a camp in northern Syria, flew to the country in 2015 with two school friends to join the ISIS terror group.
In February 2019, she re-emerged and made international headlines as an ‘ISIS bride’ after pleading with the UK government to be allowed to return to her home country for the birth of her son.
Then UK Home Secretary Sajid Javid removed her British citizenship on February 19, 2019, and Begum’s newborn son died in a Syrian refugee camp the following month.
She told reporters she had two other children prior to that baby, who also died in Syria while they were babies.
Begum has made several public appeals as she fought against the government’s decision, most recently appearing in BBC documentary The Shamima Begum Story and a 10-part BBC podcast series.
In the podcast series she insisted that she is ‘not a bad person.’ While accepting that the British public viewed her as a ‘danger’ and a ‘risk,’ Begum blamed this on her media portrayal.
In 2019, the then home secretary Sajid Javid stripped her of her British citizenship, preventing her coming home, and leaving her detained as an IS supporter in a camp, according to BBC.
The Special Immigration Appeals Commission has ruled that decision, taken after ministers received national security advice about Ms Begum’s threat to the UK, had been lawful – even though her lawyers had presented strong arguments she was a victim.
In 2020, the UK Court of Appeal ruled Begum should be granted leave to enter the country because otherwise, it would not be ‘a fair and effective hearing.’
The following year, the Supreme Court reversed that decision, arguing that the Court of Appeal made four errors when it ruled that Begum should be allowed to return to the UK to carry out her appeal.
Begum’s lawyers criticized the court ruling as a ‘lost opportunity to put into reverse a profound mistake and a continuing injustice.
‘The outcome is that there is now no protection for a British child trafficked out of the UK if the home secretary invokes national security,’ Gareth Pierce and Daniel Furner, of Birnberg Pierce Solicitors, said in a statement seen.
‘Begum remains in unlawful, arbitrary and indefinite detention without trial in a Syrian camp. Every possible avenue to challenge this decision will be urgently pursued,’ it continued.
Rights group Amnesty International who has been pushing for the case described the ruling as a ‘very disappointing decision’.
‘The power to banish a citizen like this simply shouldn’t exist in the modern world, not least when we’re talking about a person who was seriously exploited as a child,’ Steve Valdez-Symonds, the group’s UK refugee and migrant rights director, said in a statement.
‘Along with thousands of others, including large numbers of women and children, this young British woman is now trapped in a dangerous refugee camp in a war-torn country and left largely at the mercy of gangs and armed groups.
‘The home secretary shouldn’t be in the business of exiling British citizens by stripping them of their citizenship,’ Valdez-Symonds said.
Javid, the home secretary who removed Begum’s British citizenship, welcomed Wednesday’s ruling, tweeted that it ‘upheld my decision to remove an individual’s citizenship on national security grounds.
‘This is a complex case but home secretaries should have the power to prevent anyone entering our country who is assessed to pose a threat to it,’ Javid added.