Read The Times Australia

Daily Bulletin

Government's own 'freedom commissioner' Tim Wilson questions citizenship plan

  • Written by: The Conversation
imageTim Wilson sympathises with the government's aim of finding ways to tackle the national security threat posed by foreign fighters, but has reservations about the method.AAP/Mick Tsikas

It’s awkward for the government – but very good for the public debate – that the Coalition’s citizenship-stripping initiative coincides with the 800th anniversary of the Magna Carta.

Next Monday’s birthday is focusing attention on the broad issue of the protection of citizens and the rule of law. That’s adding fuel to criticisms of the government’s plan, which includes legislating to strip citizenship from dual nationals engaged in terrorist activities, and consideration of extending this to those with sole Australian citizenship if they are eligible to become nationals elsewhere.

Doubts are coming not only from those the government would claim as the “usual suspects” on the political left but from concerned conservatives, including Australian Catholic University’s vice-chancellor Greg Craven, who argued last week that the initiative as proposed would be knocked out by the High Court.

Now Tim Wilson, the man Attorney-General George Brandis appointed as Human Rights Commissioner, to be particularly the “freedom commissioner”, has weighed in.

In an address to the Sydney Institute’s Tuesday forum on “The legacy of the Magna Carta”, Wilson sympathised with the government’s aim of finding ways to tackle the national security threat posed by foreign fighters.

But Wilson has reservations about the method, saying three questions haven’t been satisfactorily clarified.

These are:

  • “Why Australian-born citizens, who are dual nationals, should be stripped of their citizenship?

  • “Why Australian sole citizens could be stripped of their citizenship and how that could be done without rendering a person stateless?

  • “Why executive government should decide whether a person’s citizenship is removed on the basis of mere suspicion of terrorism, and not the courts?”

Wilson said that “these issues must be addressed before any proposal is passed through the parliament”.

Executive government had a role to make determinations quickly and in the national interest, Wilson said. But “any decision of the government should be temporary to address the immediate threat and must have a higher threshold test than suspicion”.

A person’s citizenship was the basis of all other rights, Wilson said, and any attempt to remove it should be treated with “extreme caution”.

Wilson’s speech comes after Friday’s observations by Human Rights Commission president Gillian Triggs – whom the government is trying, unsuccessfully, to spook out of her position – in an address to a Justice Connect dinner.

Triggs argued that seeking to strip citizenship from people who were “potentially dual nationals” was a clear example of the “overreach of executive power” that is occurring much more broadly.

“This proposal strikes at the heart of Australia as a largely migrant nation. Not only may this idea violate Australia’s international obligation not to render a person stateless, but also the decision may be at the discretion of a minister, without recourse to judicial processes.”

Triggs said the proposal wasn’t new. There was a bill introduced last year to give the minister discretion to strip citizenship where there was “fraud or misrepresentation, or where the minister is ‘satisfied’ that a person is not of good character, all without trial or conviction”.

“Magna Carta has something to say about this: it provided that no man is to be ‘outlawed or exiled’ except by the law of the land,” Triggs said.

Last week Communications Minister Malcolm Turnbull also delivered strong words about the importance of the rule of law.

Turnbull has promoted a minimalist course of extending and modernising the present law that automatically removes citizenship from dual citizens fighting in the armed forces of a country at war with Australia.

But the government wants to go beyond this in its legislation to be introduced this month. It proposes to include people in Australia providing help to the foreign fighters. This would raise the prospect of some arbitrary decisions – otherwise why not charge these people under existing laws?

The range of warning voices indicates that aspects of the proposal for dual citizens need re-examination and revision, especially the provision to put decision-making power in the hands of the immigration minister.

The government says there would be protection in that the minister’s decisions would be subject to review. But Immigration Minister Peter Dutton has flagged this would be a review only of the process followed – thus a very limited one – not of the basis on which the decision was made.

All this is apart from the constitutional question mark over the plan.

Labor is in an awkward position, having given approval in principle of the dual citizen measure. One can see Tony Abbott looking to play wedge politics as soon as the opposition raised objections about detail.

But the issues are too important for wedges. Three things need to happen in the short term. The government should think carefully when friends such as Wilson and Craven sound warnings; Liberals like Turnbull who appreciate the rule of law should fight on; and the legislation should be carefully examined by the parliamentary committee on intelligence and security, which has successfully produced bipartisan recommendations for change on earlier occasions.

The fraught issue of ministerial discretion applies to both the proposal for dual citizens and the more radical option for Australian-only citizens, which is out for consultation. The latter option just has further problems as well.

Listen to the latest Politics with Michelle Grattan podcast, with guest, Small Business Minister Bruce Billson, here or on iTunes.

Authors: The Conversation

Read more http://theconversation.com/governments-own-freedom-commissioner-tim-wilson-questions-citizenship-plan-43008

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...