Independent National Security Legislation Monitor - Latest report

18/09/2019

The latest report of the Independent National Security Legislation Monitor, Dr James Renwick CSC SC, concerning the operation, effectiveness and implications of the terrorism-related citizenship loss provisions in the Australian Citizenship Act 2007 has now been tabled in Parliament.

He concluded that certain ‘operation of law’ provisions in the Act do not pass muster under the INSLM Act and should, with some urgency, be repealed with retrospective effect, but be simultaneously replaced by a Ministerial decision-making model (and thus with constitutionally entrenched judicial review), coupled with merits review as to the conduct (s 33AA), fighting or service (s 35) by the Security Appeals Division of the Administrative Appeals Tribunal, and using the special advocate model which now exists for control orders.

A full copy is available here.