Summary
The Australian Human Rights Commission welcomes the opportunity to make this submission to the Independent National Security Legislation Monitor (INSLM) with respect to its review of the operation, effectiveness and implications of ss 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007 (Cth) (the Citizenship Act).
These provisions govern certain circumstances in which dual citizens can lose their Australian citizenship for particular terrorism-related conduct.
The Commission acknowledges the critical importance of protecting Australia’s national security, and the Australian community from terrorism. Enacting appropriate measures that achieve these goals can protect human rights, including the right to life,[i] and help fulfil our international law obligations.[ii]
Australian’s counter-terrorism framework must address the real and complex threat of terrorism, in a way that upholds the fundamental human rights of Australians and the rule of law. This can be a difficult task, but it is critical to ensuring that our laws achieve their primary aim without unintended consequences.
International human rights law requires that any limitation on rights must be reasonable, necessary and proportionate to the achievement of a legitimate objective. The Commission is concerned that numerous aspects of the citizenship loss provisions do not satisfy these requirements.
The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns.
