Bhai Amrik Singh (Sikh Federation UK) Secures British Nationality After A Long Legal Battle

LONDON, ENGLAND—Sikh leader campaigning for Khalistan (Sikh homeland) secures British passport after long legal battle. Bhai Amrik Singh, the Chair of the Sikh Federation (UK), more than 40 years after coming to the UK has eventually secured his British nationality after a long and costly legal battle in the High Court where Theresa May, the then Home Secretary and now the Prime Minister was forced to back down. 

Within the British Sikh community he has been by far the most significant personality over the last 30 years and has often been invited to give leadership and resolve internal community conflicts. In 2011 he was given the first and only life-time achievement award by the Sikh Channel – this was a prestigious award for an outstanding individual who has made a significant contribution to the Sikh community over many years.

He is an extremely successful businessman who has been living with his family in Southampton since he moved to the UK in 1976 with a Masters degree in Politics from Punjab University, Amritsar. His wife has been a British national all her life and their two sons and grandchildren were all born in the UK and are also British nationals.

He has met Tony Blair, David Cameron and Theresa May as well as HM Queen. He is also well known to past and present local politicians from all the main political parties. He has known John Denham, the former Home Office Minister, for nearly 30 years and is also friends with veteran Labour MP Alan Whitehead. Caroline Nokes his local Conservative MP has often been to his house and attended family functions. Her predecessor Liberal Democrat Sandra Gidley was also someone who visited him at home and kept close ties with him given his high profile in the British Sikh community.

Soon after the June 1984 Indian army Genocide at Sri Harmandir Sahib (popularly referred to as the Golden Temple Complex) the Indian authorities coerced the Thatcher-led government to introduce restrictions on Sikh activists, especially those vocal on the demand for a separate Sikh homeland, Khalistan. Papers released since January 2014 under the 30-year rule continue to reveal how India pressured the UK in that period with promises of trade deals and almost certainly until the present day to take anti-Sikh measures.

Restrictions on British nationality became apparent in 1985 when a number of leading Sikh activists, who were law abiding and lived in the UK for many years were denied British nationality, this included Bhai Amrik Singh. Despite several applications for British nationality from the mid-1980s to 2007 he was always denied this right that many of us take for granted.

In 2000 his Indian passport expired and the Indian High Commission refused without reason to issue him with a new passport. For the last 16 years Bhai Amrik Singh therefore has had no travel document and was unable to travel outside the UK to join friends and family for any marriage ceremonies, family holidays or deaths in the family. Let alone partake in any political activities in the European Parliament, UN offices in Geneva or New York and international conferences outside the UK. 

In June 2013 Bhai Amrik Singh decided to employ lawyers and once again apply for British nationality and if the Home Secretary refused his application to apply for judicial review of her decision. He therefore submitted a comprehensive dossier of evidence with his application, including copies of the passports of his wife, children and grandchildren. 

He was pleased when he was granted citizenship on 3 October 2013. After the citizenship ceremony, the certificate was returned due to the Home Office having made a typographical error in relation to the date of birth – it should have read 13/01/1950, but read 13/01/1980. The ceremony coordinator told Bhai Amrik Singh to complete the ceremony and return the certificate to the Home Office thereafter as it was a simple administrative matter on their part that should be rectified. 

For over seven months Cameron Clarke Lawyers acting for Bhai Amrik Singh kept chasing the Nationality team at the Home Office. Eventually they responded in late May 2014 stating they had made a mistake and the granting of naturalisation that was issued was declared null and void by the Home Secretary. The Home Office said they would make a fresh consideration of the application and said a decision would be made within four weeks of 22 May 2014.

Many will be aware, Bhai Amrik Singh was extensively quoted in the mainstream media following the revelations in January 2014 of UK involvement in advising the Indian authorities on the Genocide at Sri Hamdandir Sahib in June 1984. Was it just a coincidence that the granting of naturalisation was declared null and void following the Sikh Federation (UK) criticism of the internal review being unsatisfactory and calls for an independent public inquiry?

A decision to refuse the application was eventually made on 21 July 2014 stating Bhai Amrik Singh was “not of good character” even though he has never broken any laws. He appealed to the Special Immigration Appeals Commission (SIAC) as suggested within 10 days of the refusal. 

At the directions hearing in October 2014 the SIAC judge was so perplexed by the U-turn and final decision by the Home Secretary that he suggested to Bhai Amrik Singh’s solicitor and barrister that they should apply for judicial review in the High Court. A judicial review application was made and accepted by the High Court. 

In November 2014 the Home Office lawyers then employed a delaying tactic by referring to the need to wait for the Hyaj, Bakijasi and Kaziu v Home Secretary case in the Court of Appeal and applied for a stay of proceedings pending the outcome in that case. Following several delays the Court of Appeal eventually ruled a year later on 12 November 2015 in that case in favour of the Home Secretary. Despite the ruling it subsequently emerged this case was not at all relevant as the facts were very different. Ironically at around the same time the Indian authorities indicated through intermediaries it was willing to issue Bhai Amrik Singh an Indian passport. He politely told them where to put it! 

In a separate legal challenge by the leadership of the Sikh Federation (UK), including Bhai Amrik Singh, the Home Secretary confirmed on 14 December 2015 that she would be recommending to Parliament that the ban on the International Sikh Youth Federation (ISYF) should be removed (this was removed in March 2016 following debates in the Commons and Lords). On 22 December 2015 the Home Secretary conceded that her original decision on 3 October 2013 to grant him citizenship was correct and her subsequent decisions in May 2014 and July 2014 were wrong. The ordeal did not end there with a further delay of nine months before a passport was eventually issued earlier this month following threats to take the matter back to the High Court.

Following the issue of the British passport Cameron Clarke Lawyers acting for Bhai Amrik Singh said:

“All the tiresome hard work, dedication, diligence and perseverance of Amrik Singh and Tony Shergill of Cameron Clarke Lawyers has paid off and provided Amrik Singh with the freedom to travel overseas which so many British nationals take for granted. It is a great day for justice and the truth has prevailed.”

Rob Marris MP, the current Chair of the All Party Parliamentary Group for British Sikhs and an adviser to the Sikh Federation (UK) stated: 

“The withdrawal of citizenship was shocking. The UK Government was of course legally entitled to refuse his application on the basis of evidence. The UK Government was not entitled to withdraw its acceptance of his application for a minor technical mistake (a mistake of the government’s making) to enable it to have a second bite of the cherry. In the legal sense, that withdrawal was unequitable. In the everyday sense it was just plain unfair. I am pleased that this unfairness has been rectified – after all, fairness is a key part of being British!”

Gurjeet Singh
National Press Secretary
Sikh Federation (UK)

LEAVE A REPLY

Please enter your comment!
Please enter your name here