504 Melbourne University Law Review [Vol 40:456 Australia Act amendments are largely silent as to these implications, although in relation to revocation following criminal conviction, the Minister is required to consider, inter alia, ‘Australia’s international relations’.297 It is unlawful for a state to deprive a citizen of nationality ‘for the sole purpose of expelling him or her.’298 To do so ‘would be abusive, indeed arbitrary within the meaning of article 15, paragraph 2, of the Universal Declaration of Human Rights’ (namely, that ‘[n]o one shall be arbitrarily deprived of his nationality’),299 and would trample upon the goodwill of other states. Paul Weis explained this as ‘[a] sort of estoppel on the part of the State of nationality’,300 observing that: The good faith of a State which has admitted an alien on the assumption that the State of his nationality is under an obligation to receive him back would be deceived if by subsequent denationalisation this duty were to be extinguished.301 It ‘would be contrary to international law not only as an abuse of right but as a direct infringement of the sovereign rights of the State of residence, ie of the right to expel aliens, which follows from its territorial supremacy.’302 Yet, ‘banishment’ appears to be a core motivation for the Australian amendments.303 In sum, there are compelling reasons for concern that the Allegiance to Australia Act does not contain sufficient safeguards to ensure compliance with Australia’s obligations under the 1961 Convention. In addition, it risks violating a range of other international law obligations, including under human rights law. 297 Citizenship Act s 35A(1)(e)(vi). 298 Article 9 of the Draft Articles on the Expulsion of Aliens is reproduced in the Report of the International Law Commission: Sixty-Fourth Session, UN GAOR, 67th sess, Supp No 10, UN Doc A/67/10 (2012) 13 (‘Report of the International Law Commission’). 299 Report of the International Law Commission, UN Doc A/67/10, 32. 300 Weis, Nationality and Statelessness in International Law, above n 15, 55 n 146. 301 Ibid 55 (citations omitted). 302 Ibid 57. 303 The then Prime Minister Tony Abbott described the revocation provisions as effecting banishment: Tony Abbott, ‘2015 Magna Carta Lecture’ (Speech delivered at Parliament House, Canberra, 24 June 2015), cited in Irving and Thwaites, above n 227, 148.

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