In the upcoming week, there will be the introduction of a legislation by the federal government, which aims to grant judges the power to remove dual citizenship from individuals who are involved in acts of terrorism.This comes after the government has been criticized for weeks over the handling of its immigration policy, and also the arrival of an asylum boat to Australia’s shores.
On Saturday, the Minister’s Office provided very little information about the content of the legislation. However, government sources who were not authorized to publicly speak said that the new regime will ensure it is the courts and not the ministers, which have the power to strip terrorists from their dual citizenship.
The High Court found that the criminal behavior of Abdul Nacer Benbrika could only be punishable by the judiciary and not the Government, as a result of the separation of power.
Last year, O’Neil indicated for the first time that the government would aim to reinstate the authority to revoke citizenship in reaction to a previous decision made by the High Court. O’Neil attempted to hold Opposition Leader Peter Dutton accountable for his involvement in the previous administration as the Home Affairs minister under the Morrison government..
Peter Dutton, as Home Affairs Minister, loved to appear tough. But he never worked to ensure that laws Australians depend on to protect them would be upheld under scrutiny. She said: “This week, we are fixing Mr Dutton’s broken laws to make sure that terrorists who plot attacks on Australians can be stripped of their citizenship.”
Human rights activists and legal experts have both criticized Morrison’s legislation. Following the High Court’s decision to strike down the law, the Coalition indicated that it would provide cross-party support for new legislation aimed at revoking citizenship, thereby ensuring the success of Labor’s regime in the parliamentary process.
It is no coincidence that the timing of this legislation coincides with a turbulent two weeks for O’Neil as well as Immigration Minister Andrew Giles, who have been scrambling for the releases of over 100 former detainees. This includes convicted murderers or rapists.
It was discovered on Thursday that an undetected boatload from Indonesia landed in a remote area of the Western Australian coastline. Twelve asylum seekers from Indonesia have been transferred to Nauru.
The perception is that the government is not tough enough. It is anticipated that Benbrika will not be affected by the new law on revoking citizenship, as it will not be enforced retroactively.