Recommendation 43

The exception in clause 35 to the lifelong prohibition on being granted citizenship or naturalising is an important safety valve, but the compatibility of these provisions with the ECHR will depend on the treatment of the circumstances of individual cases as well as the extent to which the Secretary of State uses her power under clause 35 to make exceptions. Where the lifelong ban on citizenship would breach the UK’s obligations under the ECHR, the Home Secretary should be under a duty to make an exception rather than have a discretion to do so. (Paragraph 321) Legal proceedings