Written evidence from Koosh Gadhvi (NBB0010)
Hon Chairman and members of Committee,
Below is my explanation on Legislative Scurtiny Nationality and Border bill Committee UK parliament.
Questions
A)Do these reforms adequately address any remaining areas of unjustified discrimination in British nationality law?
1)East african asians adult children have not been included in this new bill.
I and my brother are born in Tanzania on 1978 and 1974 respectively.
My father was Tanganyika citizen born in Tanganyika on 1938 and passed away on 30 October 2020.
He had BPP passport on his birth and registered as Tanganyika citizen after independence on 1963.His parents were born in India princely state and registered as CUKC in 1952.
The Tanganyika citizenship act required my father born before independence and others to register as Tanganyika citizen if parents were not born in Tanganyika.He had no choice as 1962 British act restricted East African asians to migrate to UK.He had to sacrifice his BPP status for his elder parents to continue to live with him in Tanganyika as their dependants.They expired with same passport.
My father was working for British company subsidiary but his services were not valued as BPP from 1956 to 1963.
My mother is British Citizen registered under Section 4B of 1981 NIAA of 2002.
She is born in Tanganyika on 1947.She had BPP passport.
Her parents were born in India and registered as CUKC in 1952.They expired with same passport.
Myself and my brother
I am born in Tanzania on 1978 and my elder brother in 1974.
My mother requested British High commission (BHC) to register me and my brother on 26 January 1983 for BPP by descent but they refused.
DUAL NATIONALITY CONCEPT
We are BPP by descent as we did not take Tanzania citizenship.
Tanzanian citizenship law allows dual nationality from birth to 18 years of age.
On reaching 18 years and to continue as Tanzania citizen one has to renounce Non Tanzanian citizenship ie BPP for our case but we were not given choice since 1983.
The confirmation letter from Embassy is attached for application to Declaration of Tanzania citizenship. We were denied by BHC as minor and logically BHC cannot issue another letter.
They did their Action but not us we are BPP by descent.
NIAA ACT 2002
The NIAA of 2002 was enacted on 4 July 2002.The conditions were person should be BPP, British Subjects or BOC.
No voluntary loss nationality or citizenship by Action or Inaction or Relinquishment.
From our understanding we are BPP by descent
We did not apply for BPP passport after NIAA act of 4 th July 2002.
If we had applied for BPP passport than it affects the conditions above as one will have BPP passport and have Tanzania citizenship hence we are BPP by descent. We did not plan as mess was made by BHC.
Remember Tanzania citizenship ceased on 1996 and 1992 for me and my elder brother on 18 th birthdate.
We were not allowed to have BPP passport but we satisfy the conditions above retrospectively.
It was inequality between male BPP can pass on but female cannot pass on as BPP.
We consider ourselves as BPP by descent and qualify to register as British citizen under Section 4B of BNA 1981 act.
DISCRIMINATION EXPLANATION
The 1962 , 1968 and 1971 act were Racial discrimination.
The law of 1962 forced my father to take Tanganyika citizenship as he could not migrate to UK.
Otherwise we could have been BPP by descent due to our father.
The 1968 act removed Right of Abode hence we could not apply even for Ancestor visa as both my paternal and maternal grandparents were deprived CUKC.
The 1971 act was condition if person born, registered or adopted in UK. This was Historical injustice and unfairness beyond control. East African Asians were termed as Non partials and their passport were stamped subject to immigration control.
SPECIAL VOUCHER SCHEME
The SVS was marital and Inequality Discrimination as married women were not allowed to naturalise as British citizen and their children were affected.
NIAA OF 2002
My mother registered under this Act but no provision was included for children who failed under SVS.
INEQUALITY DISCRIMINATION
Male BPP were allowed to pass on as BPP by descent but female BPP were not allowed as for our situation.
TRIBUNAL JUDGEMENT OF 2020
The President of Tribunal reference BOC/BPP East African Asians cases as Historical injustice and priority should be considered by Home Office but no implementation as Passport office and UKVI replied me that we cannot register as my mother became British citizen since she could not qualify under Special voucher scheme.
REFER LETTER OF HOME SECRETARY OF 27 AUGUST 2020
The letter of 27 August 2020 by Hon Home Secretary to Chairman of Human rights committee clarified on Section 4B of 1981 act.
Example BOC Malaysia who took BOC passport by renouncing Malaysian passport after 4 th July 2002 were not registered.
They could have registered as British citizen if they had renounced Malaysian citizenship before 4 th July 2002.
In contrast we had applied for BPP passport before 4 th July 2002 but refused by British High Commission since 26 January 1983.It can be to anyone like our situation.
We did ceased as Tanzania citizen on 18 th birthdate and left with BPP hence qualify as British citizen as per Hon Home Secretary interpretation.
We are BPP before 4 th July 2002 as per conditions .
The UKVI or passport office are not satisfied despite of Hon Home Secretary or Lord Filkin explanation which was used by Hon Judge in their judgement.
Do you think we are uneducated?
The NIAA of 2002 was created after abolition of SVS but partially adult children were not allowed to register as they will already be above 18 years of age.It was Historical injustice as per the Minister and we thank him.
I close my explanation consider it as individual or group as many are affected.
B) Is Home Office decision-making in immigration matters that raise human rights concerns sufficiently independent and rigorous to ensure that human rights are properly respected?
It is right Home Office raise human rights concerns as why can they not register all adult children who are BPP BOC BNO Windrush BOTC Chagos.
Why enact law on piecemeal and think in future you will create new law which will be time consuming and adding more expense to taxpayers.
France had colonies in Africa.
They give citizenship to third generation if grandfather had French citizenship under Colonial rule.
Portugal ruled African countries and have same rules.
I close my explanation and consider it the Home Office to give rights to Human who are affected by colonial past and Discrimination laws.
We can not go to court of law as law is created by Parliament.
I close my explanation. Hope my query will be heard.
Yours sincerely,
Koosh Gadhvi
10/08/2021