Staying with the press conference on the national terror threat, Home Affairs Minister Clare O’Neil said she was committed to stripping citizenship from suspected terrorists, but she needed to wait for two pending cases in the High Court.
I’m very committed to creating a regime that would seek citizenship being taken away from people who act in a way that is incomprehensible alongside their Australian citizenship.
The question is how can we make a law that the High Court will believe is constitutional? There are two High Court cases in train at the moment that will allow the High Court to speak a bit more about what it sees as the constitutional limitations on such a scheme.
What I don’t want to do is legislate for a scheme and have it knocked out again, because I have to tell you that does create problems for us. What it means is that citizenship has been taken from a number of people who were dual citizens. And now that that citizenship is inevitably restored by the High Court’s decision. So I don’t want to go through that a third time.
We need to wait till the High Court has given us a better indication of what the constitutional limits are, and then we will legislate again for that.
O’Neil also said the government had not yet made any decisions about repatriating further groups of Australians from camps in Syria.
However, she said Australians needed to understand that the women and children in the camps were Australian citizens and would be allowed to return at some stage.
“Do we in a planned manner bring back groups of Australians from these camps or do we do this in an unplanned way where at some point these people will be allowed to leave the camp, they will be allowed to return to the country, and I cannot constitutionally do anything to stop them?” O’Neil said.
“The argument here is that in some instances, the better thing for us to do is to manage the return so those children can live something of a life that resembles an Australian upbringing around Australian values.”
O’Neil said there had been misinformation about where the repatriated Australians were resettling they were returning to their communities of origin, and it was not exclusively south-west Sydney.