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Terrorist wins citizenship battle in High Court

Michael Pelly

Convicted terrorist Abdul Nacer Benbrika has won a High Court bid to restore his Australian citizenship, three years after it was cancelled by the Morrison government.

The court said the provision used by then home affairs minister Peter Dutton was constitutionally invalid because it usurped “the exclusively judicial function of punishing criminal guilt”.

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Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com

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    Original URL: https://www.afr.com/policy/foreign-affairs/terrorist-wins-citizenship-battle-in-high-court-20231101-p5egmo