When States Take Rights Back
this, as statelessness is a legal outcome of denationalisation in the UK, it ‘is not
something that the British Deprivation Team cares about’ when considering to
deprive someone of their citizenship on the basis of fraud. 42 Both cases show that
there are specific groups of individuals that are targeted: asylum seekers and illegal
immigrants in the UK, and African migrants in France. 43 Thus, Fargues observes
‘[t]he idea that suspected fraudsters should be more strictly controlled and, if
found guilty, sanctioned has driven policy changes on both sides of the Channel’. 44
Overall, they highlight that the notion of citizenship is seen as ‘a reward or
privilege for those who have shown themselves deserving’. 45 Consequently,
‘[c]itizenship is conceived by those who put it into practice (officials and judges)
as a mechanism for the moralisation and responsibilisation of applicants’. 46
Responsibilities, fear of being denationalised and ‘virtuous behaviour’ 47 are all
key components of naturalisation and thus, inclusion. According to Fargues
[t]his implies that the political subject produced by citizenship deprivation policies
is not a liberal and abstract legal subject, but that it aims instead to create a virtuous
and responsible subject in the spirit of citizenship renationalisation. 48
However, it is also only the naturalised citizen who is scrutinised, while the
mono-national’s place — the ‘essential’ citizen — and their place is never
doubted.
The role of allegiance and loyalty is addressed by Helen Irving in the seventh
chapter. In light of the 2015 amendment to the Australian Citizenship Act 2007,
she outlines the rise and fall of allegiance throughout Australian history and
emphasises that allegiance itself remains ‘unclear and elusive’ in its
conceptualisation and understanding. 49 Irving emphasises the importance of
allegiance being singular and not ‘split’ between two citizenships. Thus, although
dual citizenship is increasingly accepted, it remains a critical point of interest. For
example, instances of Islamic ‘allegiance’ 50 and the resignation of members of
parliament with dual citizenship, 51 are two instances of allegiance to Australia
being questioned. Consequently, Irving highlights that allegiance in the Australian
Constitution is linked to foreign citizenship. 52 The renewed emphasis on
allegiance in current global debates on denationalisation results in negative effects,
not just for those wanting to become citizens, but also for those who are citizens,
especially those with a foreign connection, resulting in the ‘suspicion of fellow
42
43
44
45
46
47
48
49
50
51
52
ibid 83.
ibid 80–81.
ibid 81.
ibid 84.
ibid 87.
ibid 85.
ibid 87.
Helen Irving, ‘The concept of allegiance in citizenship law and revocation: an Australian
study’ in Émilien Fargues, Elke Winter and Matthew J Gibney (eds), When States Take Rights
Back: Citizenship Revocation and its Discontents (Routledge 2020) 93, 95.
ibid 100.
Paul Karp, ‘Dual Citizenship Crisis: Four MPs resign after Court Rules Katy Gallagher
Ineligible’, The Guardian (online, 9 May 2018) <https://www.theguardian.com/australianews/2018/may/09/dual-citizenship-high-court-rules-labor-senator-katy-gallagherineligible>.
Irving (n 49) 100, citing Constitution of Australia, s 42.
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