It is understandable why there is so much confusion surrounding the question of Ms Begum’s Bangladeshi citizenship. This is so because the laws and regulations relating to citizenship in Bangladesh are scattered across five separate legal instruments: the Citizenship Act, 1951; Bangladesh Citizenship Rules, 1952; the Bangladesh Citizenship (Temporary Provisions) Order, 1972; Bangladesh Citizenship (Temporary Provisions) Rules, 1978; and the Naturalization Act, 1926, as well as multiple Statutory Regulatory Orders (SROs) issued by the Government. This lack of clarity has largely remained unamended due to a dearth of litigation on citizenship laws and regulations in Bangladesh.
Consequently, one is forced to turn to the decisions of the Special Immigration Appeals Commission (SIAC) of the UK to extract the meaning and interpretations given to the relevant Bangladeshi laws and regulations on citizenship. This lack of clarity in Bangladeshi citizenship laws and regulations has been recognised by the SIAC.
For present purposes, two SIAC decisions are important: the December 2017 and November 2018 decision in G3 v Secretary of State for the Home Department and E3 and N3 v The Secretary of State for the Home Department. Both of these cases concern the deprivation of citizenship of supposed British-Bangladeshi nationals on alleged terrorism and national security grounds. The applicable provisions of the citizenship laws and regulations of Bangladesh relevant to Ms Begum’s situation and their respective SIAC interpretations are as follows:
Section 5 of the Citizenship Act 1951 states that, a person born outside Bangladesh ‘shall be a citizen of Bangladesh by descent’ if either of his or her parents is a citizen of Bangladesh at the time of his or her birth. Additionally, if both the parents are only citizens of Bangladesh by descent then the birth of their child must be registered at the Bangladesh Consulate or Mission in that country in order for the child to claim Bangladeshi citizenship.
Furthermore, Rule 9 of the Bangladesh Citizenship Rules 1952 states that, any person claiming ‘citizenship by descent’ under the aforementioned Section 5 of the Citizenship Act 1951, has to apply to a designated local government office in order to obtain the relevant proof of citizenship.
The Commission in G3 held that the aforesaid provisions make it manifest that citizenship by descent in Bangladesh arises at birth. This interpretation is also supported by the use of the phrases ‘shall be a citizen of Bangladesh by descent’ and ‘person claiming citizenship by descent’ in Section 5 of the Citizenship Act 1951 and Rule 9 of the Bangladesh Citizenship Rules 1952 respectively. Therefore, a person is automatically a citizen of Bangladesh at birth if either of his or her parents is a Bangladeshi citizen by birth (i.e. was born in Bangladesh).
The application referred to in Rule 9 is merely an application to obtain proof or certificate of citizenship. It has no legal effect on the status of citizenship, which has been acquired at birth. This inference is also supported by the nature of the documents that need to be submitted along with an application under Rule 9.
According to the information currently available, Ms Begum was born in the UK, at least one of her parents is a Bangladeshi citizen by birth. Therefore, according to Section 5 of the Citizenship Act 1951 and Rule 9 of the Bangladesh Citizenship Rules 1952 , Ms Begum is ‘a citizen of Bangladesh by descent’. Her citizenship is not contingent upon whether she holds a Bangladeshi passport or any other proof of citizenship or whether she has submitted any application for the same, or whether she has ever visited Bangladesh. It is evident from the provisions above that holding a passport or a proof of citizenship or applying for the same or even visiting Bangladesh has no impact on the legal fact of citizenship.