2016]
The Prevention and Reduction of Statelessness in Australia
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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].