The high court has ruled another part of the Coalition-era citizenship-stripping powers to be invalid after a successful appeal by convicted terrorist Abdul Nacer Benbrika.
The high court found in Abdul Nacer Benbrika ’s favour on Wednesday, and ruled that section 36D of the Citizenship Act is invalidThe high court found in Abdul Nacer Benbrika ’s favour on Wednesday, and ruled that section 36D of the Citizenship Act is invalid
Benbrika argued that the laws were not constitutional as they gave the minister powers that should be reserved for the judiciary – namely, the power to punish someone for criminal conduct. “That there are circumstances where, after a person has been convicted and punished, additional punishment can be imposed, is not an unprecedented idea,” he said. “Forfeiture is an example of that very thing occurring.”
High Court Citizenship Act Invalid Abdul Nacer Benbrika Appeal Terrorist Detention Release Home Affairs Minister Peter Dutton Constitutional Judiciary Punishment Criminal Conduct Lawyers
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