The High Court of Australia ruled that the Australian government’s move to strip the citizenship of Abdul Benbrika, a man convicted of terrorism offences, is against the law. Benbrika, an Algerian national who obtained Australian citizenship in 1989, was convicted in 2008 for participation in a terrorist cell as was revealed by Operation Pendennis.
Expected to finish an extensive prison term in 2020, Benbrika’s sentence was extended by the Australian government due to the potential threat he posed for the nation. The government took an unprecedented step to institute an extended post-sentence detention period for him. During this phase, the government attempted to revoke Benbrika’s citizenship under the Australian Citizenship Act, aiming to extradite him to Algeria once his post-detention term ends. The decision to strip Benbrika of his citizenship was appealed against.
The High Court, however, determined that the government’s move to revoke Benbrika’s citizenship was unlawful. It was a split decision, with the majority objecting to the usage of the Act by the Minister for Immigration, Citizenship, and Migrant Services, Andrew Giles, to extract Benbrika’s citizenship. The majority opined that only the judiciary should have the privilege to strip an Australian of their citizenship.
This verdict aligns with the precedent set in the case of Delil Alexander, a Turkish-Australian dual citizen that Australia tried to dispossess of his citizenship following his association with the Islamic State. In both instances, it was deemed inappropriate for the government to strip an Australian citizen of their rights without a trial or prior notice.
The public response to the ruling has predominantly been negative, with critics suggesting the court’s seeming underestimation of the potential threat posed by Benbrika as concerning.