2016] The Prevention and Reduction of Statelessness in Australia 503 have an impact on the rights of other States’,289 any analysis of the legality of depriving an individual of nationality must go beyond the provisions of the 1961 Convention alone. For instance, the implications of deprivation of nationality resulting in statelessness may undermine states’ obligations under certain treaties relating to ‘terrorist acts’290 (eg, with respect to ‘the obligations of investigation and prosecution, in the fulfilment of which every other State party has a legal interest’),291 and may also violate the rights of other states. Such violations may arise ‘in a number of contexts, including deportation, refusal of re-admission, human rights, the obligations of the [state] with regard to the prosecution of international crimes, and applications for protection abroad.’292 The general position in international law is captured succinctly by Goodwin-Gill. He explains that a state ‘has no right … to deport a person whom it has made stateless to any State which has not expressly agreed to admit the individual’, or ‘to refuse to readmit a former … citizen who has been deprived of his or her citizenship while present in another country’.293 A state that seeks to export citizens believed to have committed ‘terrorist acts’ will likely violate its obligations relating to the prevention and prosecution of international criminal conduct,294 and a state that has admitted someone ‘on the basis of [their] passport would be fully entitled to ignore any purported deprivation of citizenship and, as a matter of right, to return that person’.295 Goodwin-Gill suggests that it is not inconceivable that a person deprived of nationality in such circumstances could qualify for refugee status.296 The Allegiance to 289 Goodwin-Gill, Further Comments, above n 187, 5 [19]. See also Goodwin-Gill, More Authority, above n 187, 8--9 [18]--[21]; Sir Robert Jennings and Sir Arthur Watts (eds), Oppenheim’s International Law (Longman, 9th ed, 1992) vol 1, 877--80; Ian Brownlie, Principles of Public International Law (Oxford University Press, 7th ed, 2008) 386; James Crawford, Brownlie’s Principles of Public International Law (Oxford University Press, 8th ed, 2012) 519--20. 290 International Convention against the Taking of Hostages, opened for signature 18 December 1979, 1316 UNTS 205 (entered into force 3 June 1983); International Convention for the Suppression of Terrorist Bombings, opened for signature 12 January 1998, 2149 UNTS 256 (entered into force 23 May 2001); International Convention for the Suppression of the Financing of Terrorism, opened for signature 10 January 2000, 2178 UNTS 197 (entered into force 10 April 2002). See also Goodwin-Gill, Opinion, above n 187, 13--16 [29]--[36]. 291 Goodwin-Gill, Opinion, above n 187, 1. 292 Ibid 9 [16]. 293 Ibid 1. 294 Ibid 19 [47]. 295 Ibid 12 [24]. For more detail, see Goodwin-Gill, More Authority, above n 187. 296 Goodwin-Gill, Opinion, above n 187, 17--19 [42]--[45].

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