Professor George Williams, a UNSW constitutional expert, agreed that the ruling created “more opportunities” for legal challenges, but only for “a small number” of people, and noted that the government had other tools at its disposal. such as temporary exclusion orders, to prevent them from entering Australia.
“It simply came to our notice then [law] it was of very little importance to protect the community and it was always much more about political signage, “he said.
Alexander, a dual Australian and Turkish citizen, flew to Turkey in 2013 before traveling to Syria, where authorities believe he remains in prison. In July 2021, then-Home Secretary Karen Andrews used her discretion under section 36B to revoke Alexander’s citizenship, determining that she had been involved in foreign incursions while outside Australia. and repudiated his loyalty to Australia.
The court’s findings state that Andrews’ decision was based in part on a security assessment by the Australian Security Intelligence Organization which found that “he had probably traveled to Syria in early and mid-2013. it had joined the Islamic State of Iraq and the Levant. “
But the majority of the court found the provision unconstitutional because it gave the executive powers only exercisable by a court.
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“For an Australian citizen, his or her citizenship is a guarantee that, subject only to the operation of the criminal law administered by the courts, he or she has the right to be free in that country and to return there as a safe haven.” Justice President Susan Kiefel and Judges Patrick Keane and Jacqueline Gleeson in a joint decision.
In a statement, Attorney General Mark Dreyfus and Home Secretary Clare O’Neil said they were evaluating the sentence, but that “there was no threat” to Australia.
“The government will examine the sentence and its implications in detail,” the statement said.
“The Australian government has a number of measures in place to manage the risk posed by Australians to people abroad, including the temporary exclusion order regime, which may prohibit a person from returning to Australia for a maximum of two years “.
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Opposition leader Peter Dutton said the government needed to review the matter as a matter of urgency and told 2GB radio that “the threat of terrorism has not gone away”. He said the opposition would support advancing the first session of the new parliament, scheduled for July 26, if immediate legislation is needed.
The Australian Law Council, which raised concerns about the provisions in a parliamentary inquiry in 2015, said it had recommended at the time that significant amendments be made to ensure that the loss of citizenship only occurs after a person was convicted of a terrorism-related crime. by a court.
“The Law Council further recommended that the Minister’s decision should be subject to the ordinary rules of procedural fairness and should be subject to the legal rights of judicial review,” said President Tass Liveris.
Alexander was jailed by a Syrian court for 15 years in 2019, but was later pardoned by the Syrian government, according to the court ruling. He remains under arrest because he cannot be released in the Syrian community or repatriated to Turkey or Australia. His family and lawyers have not been able to contact him since July 15, 2021.
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