Review of the Australian Citizenship renunciation by conduct and cessation provisions
The submission to the Parliamentary Joint Committee on Intelligence and Security’s review into the operation, effectiveness and implications of the amendments introduced to the Australian Citizenship Act 2017 (Cth) (the Act) by the Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth) (Allegiance to Australia Act) was prepared by the Law Council.
The Law Council previously provided submissions to the Committee when the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Allegiance to Australia Bill) was referred to the Committee for inquiry and report.
While a number of recommendations made by the Law Council were accepted and incorporated in the subsequent amendments made to the Act, some were not, including:
- that there be greater provision for procedural fairness in the scheme; and
- that the judiciary have a greater role in the decision-making process leading to the potential loss of citizenship.
The Law Council maintains its previous position that citizenship revocation provisions in relation to terrorism cases are neither necessary nor proportionate.
You can read the full submission below.