to extend deprivation of citizenship to dual nationals following the November 2015 terrorist
attacks in Paris were opposed and ultimately shelved in early 2016.
Naturalized citizens may also be more vulnerable to deprivation of nationality. First,
nationality can be deprived on grounds of fraud or misrepresentation only if conferred
by naturalization as part of a troubling new pattern have been revoking nationality
by retroactively nullifying naturalization on grounds of fraud or non-fulfilment of the
conditions for acquiring nationality. Second, the perception that a naturalized person
will have, or be eligible to acquire, another nationality may be erroneous. This form
of inequality between natural-born and naturalized citizens may raise concerns under
international law. To avoid such concerns, the 2015 Citizenship amendment act of
Australia, in introducing grounds for deprivation based on terrorism-related offences,
stipulates that the new grounds apply “to a person who is an Australian citizen
regardless of how the person became an Australian citizen (including a person who
became an Australian citizen upon the person’s birth)”.88
Importantly, several States with such new terrorism-related grounds for deprivation
have preserved or established due process protections in line with Article 8(4) of the
1961 Convention. The 2015 Citizenship Amendment Act in Australia, for instance,
includes specific provisions on the right to speedy and written notice and to review
“in the High Court of Australia under section 75 of the Constitution, or in the Federal
Court of Australia under section 39B of the Judiciary Act 1903”.89 Establishing
appropriate due process safeguards along these lines is crucial to ensuring that
deprivation of nationality is not arbitrary.
As a final, practical note, States should be mindful that revocation of nationality may
actually be less effective as a national security measure than existing tools available
under international law, including monitoring and surveillance, criminal investigation
and prosecution. Depriving terrorists or suspected terrorists of nationality may also
conflict with a State’s obligation to extradite or prosecute perpetrators of international
crimes.90 Removing dangerous individuals may endanger citizens living abroad,
and the citizens of other States. Alternative means of addressing security-related
concerns are therefore to be encouraged.
88 Australian Citizenship Amendment (Allegiance to Australia) Act 2015, Section 33AA, available at: www.legislation.gov.au/Details/
C2015A00166.
89 Ibid., Section 33AA(10) and 33AA(11).
90 See, UN Security Council resolution 2322 (2016) Adopted by the Security Council at its 7831st meeting on 12 December 2016, S/RES/2322
(2016), available at: http://undocs.org/S/RES/2322(2016)
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