Begum, who is now 20 years old, was stripped of British citizenship by Interior Minister Sajid Javid on February 19, 2019, after he was found in a northern Syrian refugee camp.
He opposed the decision but on 13 June 2019, the government refused a request for leave to enter Britain to pursue his appeal.
The Court of Appeals and the Court of Appeals of the Court of Appeal on Thursday ruled that Begum should be allowed to return to the UK to appeal before the Special Immigration Immigration Commission (SIAC) “despite being subject to controls as deemed by the Secretary of State to be appropriate.”
He is currently in a detention camp run by the Syrian Democratic Forces.
SIAC found in its decision that Begum also holds Bangladeshi citizenship for generations. The court did not answer the question about whether he could be revoked of his British citizenship.
Begum’s lawyer, Daniel Furner, from Birnberg Peirce Solicitors, said the right to justice must not be affected because of a serious or difficult case, or national security was involved.
“Ms. Begum has never had a fair chance to give a side to her story,” he said.
“Ms Begum is not afraid of facing British justice, she welcomed it. But revoking her citizenship without the opportunity to clear her name is not justice, quite the opposite.”
The human rights organization Liberty, which intervened in Begum’s plea said that he could not have a fair trial against the case from the refugee camp, welcomed the ruling.
Liberty’s attorney, Katie Lines, said: “The right to a fair trial is not something that the government can take on a whim. It is a fundamental part of our justice system and equal access to justice must apply to everyone.
“Evicting someone is an act of government that ignores its responsibilities and it is very important that cruel and irresponsible government decisions can be properly challenged and canceled.”
A spokesman for the British Central Office said the decision was “very disappointing” and that it would ask permission to appeal the ruling.
“The government’s top priority is maintaining our national security and maintaining public security,” the spokesman added.
Mohammed Shafiq, CEO of the Ramadan Foundation, a UK-based Muslim organization that works to build cohesion between communities, said in a statement: “The Court of Appeals decision to allow Shamima Begum to return to the UK is the right decision and British citizens must welcome it.
“This is not about the alleged crime he might have committed but about the principle you cannot have two-level citizenship in which people from certain ethnic backgrounds born in this country are treated differently from their white counterparts,” he added.
Shafiq said ISIS was an “evil entity” opposed by British Muslims and that Begum must be held accountable for all the alleged crimes, but MPs should not make a decision “to appear as if they were tough.”
He called the decision “a great victory” for those who believed in an equal society and opposed discrimination in applying citizenship rules.
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