2016]
The Prevention and Reduction of Statelessness in Australia
489
the new provisions extend far beyond this. As Sangeetha Pillai has observed,
the Allegiance to Australia Act ‘represents the most significant expansion of
the grounds for citizenship loss in Australia since Australian citizenship
legislation first entered into force in 1949.’186 Although representing a radical
shift in Australian citizenship law, the amendments reflect a recent legislative
trend to introduce or widen powers of denationalisation in other common
law countries, such as the UK,187 Canada,188 Israel,189 and some European
states190 in response to concerns about the threat to national security posed by
so-called ‘foreign fighters’.191 However, in many respects Australia’s provisions
extend beyond both the enacted and proposed measures in other comparable
states.192 Moreover, recent developments ---- including the withdrawal of a
186
Sangeetha Pillai, ‘Citizenship-Stripping Reforms Open to Challenge in Spite of Safeguards’
(2016) 3(19) LSJ: Law Society of NSW Journal 74, 74.
187 See
Guy S Goodwin-Gill, Deprivation of Citizenship Resulting in Statelessness and Its
Implications
in
International
Law:
Further
Comments
(6
April
2014)
<http://www.kaldorcentre.unsw.edu.au/sites/default/files/gsgg%203deprivationcitizenshipfurthercommentfinal.pdf>; Guy S Goodwin-Gill, Deprivation of Citizenship, Statelessness, and International Law: More Authority (If It Were Needed…)
(5
May
2014)
<http://www.kaldorcentre.unsw.edu.au/sites/default/files/gsgg%204deprivationcitizenship-moreauthority.pdf>; Guy S Goodwin-Gill, Deprivation of Citizenship
Resulting in Statelessness and its Implications in International Law: Opinion
(12 March 2014) <http://www.kaldorcentre.unsw.edu.au/sites/default/files/gsgg%202deprivationcitizenshipintlawfinal.pdf>. The British Nationality Act 1981 (UK) c 61, s 40(4A),
now contains an express exception to the general rule that an order to withdraw citizenship
may not be made if the Secretary of State is satisfied that it would make a person stateless.
The provision was inserted by the Immigration Act 2014 (UK) c 22, s 66(1): see Michelle
Foster and Hélène Lambert, ‘Statelessness as a Human Rights Issue: A Concept Whose Time
Has Come’ (2016) 28 International Journal of Refugee Law 564, 581--2.
188 Parliamentary
Joint Committee on Intelligence and Security, Parliament of Australia,
Advisory Report on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
(2015) 19 [2.41]--[2.42]. The report also canvasses similar legislation in New Zealand, the
UK, the United States and France: at 19--21 [2.43]--[2.51].
189
Shai Lavi, ‘Punishment and the Revocation of Citizenship in the United Kingdom, United
States, and Israel’ (2010) 13 New Criminal Law Review 404, 405.
190
Patrick Wautelet, ‘Deprivation of Citizenship for ‘‘Jihadists’’: Analysis of Belgian and French
Practice and Policy in Light of the Principle of Equal Treatment’ (2016) Social Science Research Network <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713742>.
191
The term ‘foreign fighters’ is not included in the Allegiance to Australia Act itself, but denotes
citizens who go abroad to fight with groups such as the Islamic State of Iraq and Syria
in Syria.
192
Sangeetha Pillai, ‘Proposals to Strip Citizenship Take Australia a Step Further than Most’
(2015) 2(13) LSJ: Law Society of NSW Journal 22.