Citizenship Act: Terrorist’s Aussie citizenship to be torn up in high-stakes test case
SIMON BENSON, NATIONAL POLITICAL EDITOR, The Daily Telegraph
October 16, 2016 11:00pm
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A NOTORIOUS terrorist is set to be stripped of Australian citizenship in the first such case to be tried under the federal government’s tough national security laws brought in late last year.
The Daily Telegraph understands a test case to finally enact controversial powers granted under amendments to the Citizenship Act last December is now sitting with the Department of Immigration and Border Protection.
A senior national security source confirmed the case — involving a well-known dual-national terrorist — would be prosecuted this year.
Demonstrators chant pro-Islamic State group slogans as they carry the group's flags in front of the provincial government headquarters in Mosul, Iraq. Picture: AP
ISIL fighters advance in Iraq.
It is believed the government is preparing for the likelihood of an immediate High Court challenge as soon as the order is authorised.
But The Daily Telegraph also understands concerns have been privately raised by the Australian Federal Police and ASIO about the citizenship legislation, claiming the burden of proof on agencies to prove the foreign citizenship of a terrorist could ultimately render the new laws unworkable.
A senior intelligence source said the security agencies were concerned time was running out to have the laws enforced before Australian jihadists fighting for terrorist groups overseas sought to try to return to Australia.
A number of individuals fighting with Islamic State and other terrorist organisations abroad are believed to have been identified by The Citizenship Loss Board — the body set up by the federal government comprising national security and intelligence agencies to identify dual-national terrorists.
While more than 50 terrorists fighting with Islamic State overseas were believed to have been identified as dual nationals, many have been killed since the Allegiance to Australia amendments — which were first drafted by the Abbott government — came into force under the Turnbull government last December.
Mounir Raad, also claims to be an Islamic State fighter in Syria.
Mostafa Farag is one of a number of Aussie terrorists who are still fighting in Syria and Iraq. Picture: Supplied
Australian Khaled Sharrouf and his children in front of the Islamic State flag in an image posted on Twitter. Source: Supplied
But the government has been prevented from acting under the legislation for almost a year because of the legal requirement that Islamic State be formally listed as the first terrorist organisation under the Citizenship Act.
This was only ratified on May 5, three days before the election was called.
There is believed to be less urgency around identifying and cancelling the citizenship of dual-national Australians convicted of terrorist offences in Australia, as most still have several years to serve on their sentences.
However, it is also understood the watering down of the laws before they were finally introduced put the onus of proof with the government to prove that a person subject to an order was a citizen of another country, rather than prove that they were simply entitled to citizenship of another country.
The fear among the security agencies is that this will be difficult to establish, particularly with dual nationals from countries such as Afghanistan, Syria, Iraq, Algeria and Egypt.
While the government believes it is on firm constitutional grounds with the anti-terror legislation, it is anticipating a High Court move against the first cancellation test case.
