Authoritarian Revocations: Australia, Terrorism and Citizenship

Contrary to any popular perceptions of Australia’s legal system, a dislike of rights reigns with pious conviction on both sides of the political aisle.  Rights are the stuff of nonsense and nuisance, revocable for those deemed undesirable. The Australian constitution, a heavily dull document, remains silent on many important liberties; the common law is relied upon to fill in gaps (think of that conjuration known as the implied constitutional right to freedom of communication on political subjects). Parliament, mystically wise, is meant to be the grand guardian.

In terms of citizenship, Australia’s parliament has been rather cavalier on the idea of citizenship, exploiting the absence of any specific reference to the term in the arid document that grants it legislative powers.  In 2015, national security considerations became the basis for legislation stripping individuals of citizenship in certain instances where terrorism was an issue.  While citizenship can be lost in certain instances common to other countries, the arbitrary revocation of citizenship via executive fiat is possible under the Citizenship Act 2007 (Cth).

The relevant minister, goes the wording of s. 35A, “may determine in writing that a person ceases to be an Australian citizen” in various instances involving convictions for certain offences, including terrorism.  But convictions might not be necessary; the minister might deem it against the public interest for the person to remain an…

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