Communicated on 25 November 2020
Published on 14 December 2020
FOURTH SECTION
Application no. 37478/20
Minh Quang PHAM
against the United Kingdom
lodged on 20 August 2020
SUBJECT MATTER OF THE CASE
The case concerns an alleged violation of Article 8 as a result of a decision to deprive the applicant of his British nationality. The applicant was born in Vietnam and acquired British nationality in 1995, when he was around twelve years old. In 2011, the Secretary of State decided to deprive him of his British nationality following an assessment by the security services that he was involved in terrorism-related activities and had links to a number of Islamist extremists. The applicant was subsequently extradited to the United States where he pleaded guilty to terrorism-related offences and was sentenced to forty years’ imprisonment. The Vietnamese Government have refused to acknowledge his Vietnamese citizenship, rendering him de facto stateless. The applicant is married to a British citizen; they have two children, born in 2011 and 2012.
QUESTIONS TO THE PARTIES
1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
In particular, did the applicant invoke before the national authorities, at least in substance, the right under Article 8 of the Convention on which he now wishes to rely before the Court (see Peacock v. the United Kingdom (dec.), no. 52335/12, §§ 32-41, 5 January 2016)?
2. Has there been a violation of the applicant’s right to respect his private and family life as a result of the decision to deprive him of British nationality, contrary to Article 8 of the Convention (see Ramadan v. Malta, no. 76136/12, §§ 84-95, 21 June 2016; K2 v. the United Kingdom (dec.), no. 42387/13, §§ 49-64, 7 February 2017; and Ghoumid and Others v. France, nos. 52273/16 and 4 others, §§ 42-52, 25 June 2020)?
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