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Court rules ministers cannot strip Australian citizenship from suspected terrorists
The High Court of Australia, in Canberra [Thennicke / Creative Commons]

AUSTRALIA’S High Court yesterday restored citizenship to an Islamic State (Isis) terrorist in a landmark judgement curtailing ministers’ power to strip people of their nationality.

In a 6-1 ruling judges said that Delil Alexander, who is currently held in Syria, should not have had his citizenship removed by then home affairs minister Karen Andrews last July. The case has echoes over the controversy over British-born Shamima Begum, who was stripped of her citizenship by Britain’s then home secretary Sajid Javid in 2019 having travelled to Syria to join Isis.

Ms Andrews cancelled Mr Alexander’s citizenship on the grounds that he had been fighting and recruiting for the terror group, but the court ruled that the power she used, section 36B of the Australian Citizenship Act, was unconstitutional as it allowed ministers to determine criminal guilt — a prerogative of the courts.

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