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ARTICLE · 20 JULY 2022

Federal government overreach: citizen-stripping powers

Doogue + George Defence Lawyers
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HC declared s36B Australian Citizenship Act is constitutionally invalid because only the judiciary can decide criminal guilt.

AustraliaGovernment, Public Sector
Cassandra Knight-Grull
Cassandra Knight-Grull
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The idea of a government exiling its citizens to a foreign land as punishment may be more reminiscent of Ancient Rome than modern Australia, but since 2015 that power has formed part of our anti-terrorism legislation which involves citizen-stripping laws.

The High Court in Alexander v Minister for Home Affairs [2022] HCA 19 recently declared that a key component of this power, section 36B of the Australian Citizenship Act 2007, is constitutionally invalid. Section 36B allows the Minister for Home Affairs to strip citizenship from anyone who is a dual national if satisfied that the person has engaged in terrorism-related conduct overseas. Revocation must also be in the public interest.

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