Dutton stands firm on decision to strip terrorist Prakash of citizenship despite legal concerns

Peter Dutton is standing firm on the decision to strip Neil Prakash of his Australian citizenship, despite claims that doing so is in breach of Australian law.

Home Affairs Minister Peter Dutton is standing his ground over stripping Neil Prakash of his Australian citizenship, despite concerns the Islamic State jihadist may be rendered stateless — which would be in breach of Australian law.

Fiji has categorically stated that Prakash is not a citizen, meaning he cannot be stripped of his Australian citizenship.

This is despite the Australian government cancelling his citizenship in December 2018. Melbourne born Prakash was told he was no longer a citizen on December 21.

MORE: Dutton revokes Prakash’s citizenship

MORE: How Prakash went from Melbourne boy to most-wanted terrorist

Australian-born Islamic State terrorist Neil Prakash was stripped of his citizenship in December 2018. Picture: Supplied

He was born in May 1991 to a Cambodian mother and a Fijian father and was at the time understood to have held dual Australian/Fijian citizenship.

He is the 12th person to lose their Australian citizenship after joining a terrorist organisation, and the first person ever to be confirmed by the government as having had his Australian citizenship ripped away due to his terrorist activities.

Peter Dutton is standing firm on the decision to strip Prakash’s citizenship despite claims it is unlawful. Picture: AAP

Prakash is in jail in Turkey facing terrorism charges.

He was arrested in 2016 by Turkish police and border officials after a tip-off from Australian intelligence services.

Under Australian law, the government isn’t allowed to revoke an Australian’s citizenship if it will leave them stateless.

Counter-terrorism laws permit Australian terrorists to be able to lose their citizenship but only if they have a second nationality.

However Fiji’s director of immigration, Nemani Vuniwaqa, told reporters the island did not allow dual citizenship before 2009 and since Prakash was born in Australia and never applied for Fiji citizenship, he was not a citizen there either.

To qualify as a Fiji citizen, Prakash would have had to fulfil two conditions: register an application and live in the country for at least three out of the five years before he applied. He had done neither.

Syrian border area where Neil Prakash was arrested in October 2016. Picture: Supplied

“He is not a dual citizen. He has not applied for it,” Mr Vuniwaqa said.

But a spokesman for Mr Dutton says the minister made himself clear last week. “Nothing has changed,” the spokesman said on Tuesday.

Legal advice provided to the government about Prakash’s citizenship was “very clear”, Mr Dutton told reporters in Brisbane last Wednesday.

“Therefore the Citizenship Loss Board, in my judgment, got it right.”

Meanwhile, Mr Vuniwaqa says no one from the Australian government spoke to him on the issue.

“I was not even approached by any kind of Australian government official, not by text or SMS message, or email or telephone,” he said.

“Nobody goes to my staff except through me.”

Dutton previously told News Corp the Government was determined to deal with foreign terrorist fighters “as far from our shores as possible.’’

“Islamic State is opposed to Australia, our interests, values, democratic beliefs, rights and liberties,’’ he said.

Gaziantep H-Type Prison where Neil Prakash has been detained since October 2016. Picture: supplied

He also called Prakash a “very dangerous individual” who “hopefully won’t see the light of day for a long time”.

“People should recognise if given the opportunity, Mr Prakash would harm and kill Australians,” he said.

Given he has admitted joining Islamic State, observers in Turkey expect he will eventually be sentenced to a likely 7.5 years jail term.

Turkey could deport Prakash back to Syria, where he may be killed for defecting from Islamic State. Picture: News Corp Australia

Upon his release from jail, Turkey will have the option of deporting him to Fiji, or sending him back across the border to Syria, a move that could effectively sentence him to death, with Islamic State still active in Syria, and executing any defectors they can catch.

Prakash went to Syria in 2013, from where he urged others to carry out lone wolf attacks on Australian soil.