Cancelling Passports: Australia, Syria and the “Anti-Terror” Initiative

The hunt for evidence before embarking on a course of state action is becoming less and less important.  Such matters as accusations of terrorism seem to have a suspending effect on the laws of proof. State authorities, and their respective ministers, seem indifferent about proving the case against the accused.  Charges without more are sufficient.  The reversal of the onus of proof is assumed.

The relevant Australian laws dealing with foreign incursions by its citizens and residents are to be found in Part 5.5 of the Criminal Code Act 1995.  A person is said to commit an offence if he or she “enters a foreign country with the intention of engaging in a hostile activity in…

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