David Blundell KC and Harriet Wakeman appear before the Supreme Court in significant deprivation of citizenship appeal

On 4 November 2025, David Blundell KC and Harriet Wakeman appeared before the Supreme Court on behalf of the Secretary of State for the Home Department in Secretary of State for the Home Department v Kolicaj (UKSC/2025/0043).

The appeal concerns Mr Kolicaj, who was convicted of money laundering offences, having been part of an organised crime group that had removed nearly £8 million from the UK and sent it to Albania, the money being the proceeds of unspecified criminal activity. The Secretary of State decided to deprive Mr Kolicaj of his British citizenship, pursuant to s.40(2) of the British Nationality Act 1981 on the basis that his deprivation was conducive to the public good because of Mr Kolicaj’s involvement in serious organised crime.

The Court of Appeal previously held that whilst it was legitimate for the Secretary of State to operate a system whereby she did not offer the opportunity for representations to be made before a deprivation of citizenship decision is made (because of the risk that the subject will renounce any other citizenship they possess thereby rendering themselves stateless), procedural fairness required the Secretary of State to offer an opportunity to make representations after the decision has been taken, and to conduct a merits-based evaluation in light of any representations made.

David Blundell KC and Harriet Wakeman successfully applied for permission to appeal to the Supreme Court and the appeal was heard on 4 November 2025 by Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Sales and Lord Stephens.

The key issues which the Supreme Court will be determining, in addition to a number of Respondent’s Notice points, are:

1. Was it procedurally unfair for the Secretary of State for the Home Department to deprive Mr Kolicaj of his British citizenship without affording him an opportunity to make representations following the Secretary of State’s deprivation decision?
2. Did the Court of err in law by quashing the deprivation order made against Mr Kolicaj?

The agreed statement of facts and issues can be seen here and the written case on behalf of the Secretary of State is available here. A recording of the hearing, which features the oral submissions made by David Blundell KC, can be viewed here.

The Supreme Court reserved its judgment. 

David Blundell KC and Harriet Wakeman are instructed for the Secretary of State for the Home Department.