Open Letter to the Home Office (Email sent 23 July 2020)

Dear Supporters,

30 Oct 2019 [Link] - The Joint Committee on Human Rights (JCHR) first wrote to the Home Secretary. According to the JCHR, they wrote a second letter and asked for a reply by 16 June 2020. The JCHR said they understood that the Home Office is preparing for a response [Link]. At the time of writing the Open Letter, the Home Office has yet to response to the JCHR.

7 July 2020 [Link] - The Home Office response to the BBC Radio Shropshire alleged that I am able to return to Malaysia through a 'Voluntary Return Scheme'

22 July 2020 [Link] - The Home Office response to the iNews continue to allege that I am able to return to Malaysia through a 'Voluntary Return Scheme'


OPEN LETTER TO THE HOME OFFICE AND HOME SECRETARY
(email sent on 23 July 2020 - Link)

To the Home Office and Home Secretary, Rt Hon Priti Patel MP,

The Home Office spokesperson claimed that "in 2005, I was informed, in writing, that British Overseas Citizens who do not hold any other citizenship or nationality can register for British Citizenship only if they have not renounced or voluntarily relinquished their previous citizenship."

Please confirm below in writing:
1) Please provide the 2005's written evidence of the Home Office's statement above and provide proof of 'signed for'


The Home Office spokesperson claimed that "Malaysian British Overseas Citizens who have attempted to renounce their Malaysian Citizenship are not legally stateless. They are able to return to Malaysia through a voluntary returns scheme", and added that "Anyone in this situation should apply to the Home Office for the voluntary returns scheme and we will negotiate with the Malaysian authorities on their behalf to assist their return."

Please confirm below in writing:
2) The Home Office reasoning in accordance to the 1954 UN Convention relating to the Statues of Stateless persons and the 1961 UN Convention on the Reduction of Statelessness, that the Malaysian British Overseas Citizens are not legally stateless [Point 1 tabled by the JCHR - Link].

3) Is 'voluntary returns scheme' stipulates that the Home Office able to assist me to return to Malaysia for the purposes of permanent residence with immediate effect [Page 4, Stateless Guidance - Link; Page 2, Home Office response of 27 November 2019 - Link; Paragraph 2.1 and paragraph 7.57, Explanatory Memorandum to the statement of changes in Immigration Rules presented to Parliament on 7 March 2019 (HC 1919) - Link]?
Yes or No

4) If Yes to question 3, please provide written confirmation and guarantee in writing that the return is for the purposes of permanent residence.

5) If no to question 3, please clarify in detail what does the 'voluntary returns scheme' stipulate and explain your reasoning?

6) On negotiation with the Malaysian authorities, is this a new negotiation?
Yes or No

7) If Yes to question 6, when did the new negotiation started? What happen to the previous negotiation? According to the then Minister of Immigration, Mark Harper MP, to Lord Avebury, that there was an ongoing discussion with the Malaysian authorities back in 2012 [Paragraph 51 & 52, 2018 High Court Determination - Link]

8) If No to question 6, has the negotiation with the Malaysian authorities concluded with a written agreement?
Yes or No

9) If Yes to question 8, please provide the evidence in writing, and a copy of the written agreement.

10) If No to question 8, please explain your reasoning in writing, why the negotiation with the Malaysian authorities has not concluded and there is no written agreement [Column 1679, 2014 Hansard - Link]; Page 1, 2018 Home Office's Freedom of Information response - Link]

11) What are the UK's obligations to people like myself who only have British Overseas Citizenship status and do not have a right of abode anywhere? [Point 2 tabled by the JCHR - Link]

There are total of 11 questions in this email, if you cannot give an answer to any of the question, please explain your reasoning for each question that you cannot answer.

I look forward to hearing from you within 20 working days as set out in the Home Office normal procedure.

Thank you.


Yours sincerely,
Liew Teh
BEng(Hons) MSc
Twitter: @StatelessnessUK