The High Court of Australia overturns a key plank of the federal government's foreign fighter laws, ruling that the consequence of stripping someone's citizenship without them facing trial on Australian soil is so serious it should only be handled by a judge.
A key plank of the federal government's foreign fighter laws has been struck down by the High Court, with the nation's top judges ruling that suspected terrorists cannot be stripped of their citizenship by the Home Affairs Minister.Delil Alexander has won a High Court challenge against the Australian government's decision to strip him of his citizenship in 2021
He claimed he could not be released from jail because he had nowhere to go, after the Australian government stripped him of his citizenship in July 2021.He told his family he was going to arrange a marriage and would return, but travelled to Syria where he is thought to have joined Islamic State. Six of the seven justices agreed the decision to strip citizenship from someone without them facing trial in Australia should only be made by a judge.
Effectively the High Court ruled that while the government of the day could pass laws relating to citizenship, the consequence of stripping someone's legislation without them facing trial on Australian soil was so serious it should only be handled by a judge.The new federal Attorney-General Mark Dreyfus and Home Affairs Minister Clare O'Neil said they were still assessing the impact of the ruling.
Mr Alexander's lawyer, Osman Samin, said his client should never have had his citizenship stripped by the government and disputed the assessment by intelligence agencies that Mr Alexander had been involved with Islamic State."We potentially have a person who was arrested in a part of Syria, which is not a declared area," he told the ABC.
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