Australia would be required to take back terrorism supporters who have had their dual citizenship from other countries revoked, the immigration minister, Peter Dutton, has confirmed.
On Tuesday, Dutton and the prime minister, Tony Abbott, announced that legislation to strip dual nationals who have been accused of terrorism offences of their Australian citizenship will be introduced to parliament shortly.
“We’re saying, if you’re not prepared to respect the laws of Australia, you may have to go somewhere else,” newly appointed special envoy on citizenship, Philip Ruddock, told ABC Radio on Wednesday. “We have an expectation that they [naturalised citizens] will observe our laws.”
Dutton said the government’s obligation not to leave people stateless means that the country will have to take back Australian terrorism suspects who have had their dual citizenship from another country revoked.
“If they were committing acts of terror they would face Australian law upon their return. This is not about criminal sanction, this about the removal of a significant privilege,” Dutton said.
When asked by ABC Radio host Michael Brissenden “if the boot was on the other foot, would we take them back?” Dutton answered: “Yes we would if they were an Australian citizen. That’s the constitutional obligation.”
Not allowing citizens back into the country would mean they were “rendered stateless”, the immigration minister said, adding “which we are not going to allow”.
The opposition leader, Bill Shorten, agrees with the stripping of dual citizenship in principle, but wants to see the legislation.
“I don’t believe that if you’re a dual citizen and you’re fighting for a terrorist organisation you should automatically assume that you can have the rights of Australian citizenship,” Shorten said. “But let’s work through the detail.”
He was less forthcoming on the proposal to strip sole citizens of their Australian nationality where they can apply for other citizenship, saying there is an important role for courts in interpreting the laws.
Cabinet is divided over the proposal, with a number of high-profile members pushing back on giving Dutton the power to strip sole citizens of their nationality.
No legislation on that proposal has been introduced, but Ruddock said he will be examining it “closely”.
The legislation on dual citizenship would give the immigration minister the power to revoke citizenship, even if the terrorism suspect has not been convicted, but the issue would be subject to judicial overview.
“It will be reviewable, independently, by the courts,” Ruddock said. “Somebody can initiate legal proceedings through their representatives in Australia. Even abroad.”
The government has started its consultation process on tighter tests for citizenship, with the release of questions for a discussion paper on the issue.
