27 September 2023

Terror laws fail citizenship review

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The Independent National Security Legislation Monitor (INSLM) has called for the repeal of laws stripping terrorist suspects of their Australian citizenship following a review of the Australian Citizenship Act 2007.

The Monitor, James Renwick (pictured), was requested by the Attorney-General to review the operation, effectiveness and implications of provisions in the Act relating to the loss of citizenship relating to terrorism.

Dr Renwick said that in conducting his review, he received submissions, held private and public hearings and consulted with Ministers, judges, human rights bodies, legal experts and organisations.

His review included a public hearing in Canberra on 27 June.

He said amendments to the Act made in 2015 resulted from the unexpected rise of the Islamic State terrorist group, commonly referred to as ISIL, the creation of its so-called caliphate, and the significant numbers of Australian dual nationals who fought for, or supported, it.

“The Minister’s Second Reading Speech said one purpose of the Bill was to ‘address the challenges posed by dual citizens who betray Australia by participating in serious terrorism related activities’, and who represent ‘a serious threat to Australia and Australia’s interests’,” Dr Renwick said.

He said he concluded that the amendments to the Act “do not pass muster under the Independent National Security Legislation Monitor Act (INSLM Act) and should, with some urgency, be repealed with retrospective effect”.

“They should be simultaneously replaced by a Ministerial decision-making model (and thus with constitutionally entrenched judicial review),” Dr Renwick said.

He said that such a Ministerial decision-making model with proper safeguards would pass muster under the INSLM Act because it would be constitutionally valid; be necessary and proportionate to threats; ensure compliance with international obligations; and properly protect individual rights.

Dr Renwick’s 96-page report can be accessed at this PS News link.

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