24. The Committee is deeply concerned that children and their families can be deprived of their nationality without notice under the Nationality and Borders Act 2022, which also retroactively validated deprivation decisions already made but found unlawful by courts. The Committee urges the State party:
(a) To remove legal and administrative barriers and strengthen legal pathways for all children, including children without a regular residence status, children born in the overseas territories and children in care, to acquire residence status and nationality, including by simplifying procedures and waiving the high fees for all children in need;
(b) To amend the Nationality and Borders Act 2022 to ensure that the best interests of the child are the primary consideration in all proceedings relating to the deprivation of nationality, that the act is not applied to any children who would be put at risk of statelessness or would otherwise be stateless and that citizens are not deprived of their citizenship as a result of actions that they allegedly committed as children.
50. With reference to joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No.22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration, the Committee urges the State party:
(a) To urgently amend the Illegal Migration Bill to repeal all draft provisions that would have the effect of violating children’s rights under the Convention and the Convention relating to the Status of Refugees and bring the Bill in line with the State party’s obligations under international human rights law to ensure children’s rights to nationality, to seek asylum and to have their best interests taken as a primary consideration and to prevent their prolonged detention and removal;
51. The Committee recommends that the State party:
(c) Implement long-term solutions for the regularization of children without a regular residence status, including by ensuring that all such children in the overseas territories are issued identity documents, and strengthen measures to prevent the social exclusion of such children.
Loss/Deprivation
(Forced) migration context
Access to nationality/Naturalization
Nationality/Identity documentation
Born abroad
Legislative/Judicial/Administrative action