2017]
Citizenship Stripping Laws in the UK, Canada and Australia
33
to comments by Senator Nick McKim that the proposed legislation, in particular its retrospective provisions, could actually function to undermine, rather
than promote, national and global security,171 Brandis said:
It will keep Australians safe. Senator McKim, if you were to apply the famous pub
test to this and you asked your average Australian whether they would feel safer
or less safe if people who have been convicted and sentenced for more than 10
years imprisonment for committing a terrorist crime were to be booted out of
Australia and whether Australians would approve of it, I dare say they would say
yes.172
3 Use and Efficacy
The Australian law was enacted in a climate of urgency, with the government
suggesting that it, among other measures, was required to deal with immediate
threats to the Australian community.173 Once enacted, the citizenship-revocation measure came into force on 12 December 2015.174 In February 2016 the
Citizenship Loss Board held its inaugural meeting.175 In February 2017 it was
confirmed that the laws had been used for the first time to strip the citizenship
of Islamic State militant Khaled Sharrouf.176 As with Canada’s decision to revoke the citizenship of Zakaria Amara, Australia’s decision to denationalise
Sharrouf carries greater symbolic weight than practical utility in securing Australian national security. Sharrouf left Australia for Syria in 2013 and has made
no attempts to return to Australia. In 2015, unconfirmed media reports claimed
171
Commonwealth, Parliamentary Debates, Senate, 3 December 2015, 9937–8 (Nick McKim).
172
Ibid 9938.
173
Commonwealth, Parliamentary Debates, House of Representatives, 24 June 2015, 7369 (Peter
Dutton, Minister for Immigration and Border Protection).
174
Allegiance to Australia Act (n 157) s 2.
175
The minutes of this meeting have been obtained via The Guardian Australia’s freedom of
information request (Farrell (n 148)): Citizenship Loss Board IDC, ‘Draft Minutes of Meeting
Held on Tuesday, 23 February 2016 at DIBP, 2 Constitution Avenue Canberra’ (Minutes, 23
February 2016) <http://gimc.org.au/wp-content/uploads/2016/07/20160520_FA160401379_
Documents_Released.pdf>, archived at <https://perma.cc/P4BL-RJRE>.
176
Paul Maley, ‘Khaled Sharrouf Stripped of Citizenship under Anti-Terror Laws’, The Australian
(Sydney, 11 February 2017) <www.theaustralian.com.au/national-affairs/immigration/khaledsharrouf-stripped-of-citizenship-under-antiterror-laws/newsstory/c82f008e768ae74f7798af983c4d2051>.
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