UNMAKING CITIZENS: THE EXPANSION OF CITIZENSHIP REVOCATION IN RESPONSE TO TERRORISM
sought to rectify its citizenship revocation policy, which
included a tiered citizenship policy and a revocation
policy aimed at preventing terrorist threats, by
amending its Harper-era (2006-2015) legislation.14
Australia
In 2006, the Howard government, in power from 19962007 and led by Prime Minister John Howard of the
center-right Liberal Party, began discussing the
potential of enacting revocation legislation in relation to
recent acts of terrorism. The Howard government lost
power in the 2007 elections however, and so revocation
legislation discussions did not translate into state
practice until the Liberal-National coalition retook
power in 2013, led by Tony Abbott, a senior minister in
the Howard government.15 Following Abbott’s election,
his government began implementing tough antiterrorism and security-oriented legislation. In 2014, his
government pushed forward legislation including the
controversial National Security Legislation Amendment
Act (NSLAA).16
Although security legislation was enacted, citizenship
revocation policy did not pass until after a major
terrorist incident in December 2014, which saw Iranianborn Man Haron Monis take 18 hostages for 16 hours in
a Sydney Lindt chocolate cafe, leaving 3 dead, including
Monis.17 While the exact role of ISIS in this attack is still
open to interpretation, the attack contributed to
growing fears and the security orientation of the
Australian government’s migration and citizenship
policies. Even prior to the incident, the Australian state
voiced alarm at the estimated number of Australian
citizens and residents fighting for ISIS in Iraq and Syria,
which propelled the Australian government (ASIO) to
cancel suspected terrorists’ passports, preventing them
from legally returning to Australia.18 The incident also
blends with Australia’s broad legal definition of
terrorism, which emphasizes intentionality and
ideology.19
Nearly a year after Australia’s first major occurrence of
terrorism linked to ISIS, the Australian state, “passed
new laws…giving the government power to revoke the
Australian citizenship of some people with dual
nationality if it suspects they may be engaging in
terrorism, even if the people have not been charged
with any crime.”20 In December 2015, the Australian
government passed the Australian Citizenship
Amendment (Allegiance to Australia) Act 2015 (“the
Act”).21 Although the law remains controversial, the
Australian government perceives the law as a necessary
14
The Canadian Press, “Dual Canadian citizens convicted of terrorism will no longer lose citizenship under new bill,” Global News, June
15, 2017, http://globalnews.ca/news/3532646/bill-c6-passes-senate/.
15
Gibney, “Should Citizenship be Conditional?”
16
National Security Legislation Amendment Act 2014 (Cth.) (Austl.).
17
Michael Safi, “Who was Man Haron Monis? Plenty of intrigue but no clear answers from the Sydney siege inquest,” The Guardian,
June 4, 2015, http://www.theguardian.com/australia-news/2015/jun/05/who-was-man-haron-monis-plenty-of-intrigue-but-noclear-answers-from-the-sydney-siege-inquest.
18
Simon Benson, “Australia goes into terror lockdown: Spy agencies and customs will lock down borders to potential jihadists,” The
Daily Telegraph, June 19, 2014, http://www.dailytelegraph.com.au/news/nsw/australia-goes-into-terror-lockdown-spy-agencies-andcustoms-will-lock-down-borders-to-shypotential-jihadists/news-story/4d94741e343c799a3bebb4129ee86c58?=.
19
National Security Legislation Amendment Act 2014 (Cth.) (Austl.); Fergal Davis, “Man Haron Monis: terrorist or deranged lunatic?”
The New Daily, August 25, 2015, http://thenewdaily.com.au/news/2015/08/25/doubt-terrorist-attack/.
20
Michelle Innis, “Antiterror Laws Empower Australia to Act Against Dual Citizens,” The New York Times, December 3, 2015,
http://www.nytimes.com/2015/12/04/world/australia/antiterror-laws-empower-australia-to-act-against-dual-citizens.html?_r=0.
21
Vishakha Sonawane, “Australia Passes Law To Strip Terror Convicts Of Citizenship,” International Business Times, December 4, 2015,
http://www.ibtimes.com/australia-passes-law-strip-terror-convicts-citizenship-2211276.
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