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Immigration Lawyers Melbourne

The Citizenship Bill Saga Continues…

The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 is currently in the works, and will see dual nationals losing their citizenship if they have engaged in an act of terrorism.

Leading constitutional lawyers, legal groups and the Australian Bar Association have warned the Government that this proposed law is in danger of breaching the constitution. The process of assessing the decision to strip one’s citizenship will essentially be left in the hands of public servants without due process.

This is completely at odds with Australia’s natural justice requirement because those at risk of having their citizenship stripped, will not have not have the right to a fair trial or to a presumption of innocence, nor will they have the ability to provide a defence to the accusations laid at their door.

Immigration Department head Mike Pezzullo told Shadow Attorney-General Mark Dreyfus that the Government had legal advice that the Bill is constitutional — however, on Ministerial advice, these grounds will not be disclosed. These actions have raised fears regarding the future repercussions of this Bill, should it be made law, as well as the seemingly non-existent options to legal recourse to those caught under these provisions.

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