Ministers ‘elected to decide’ on citizenship

Peter Dutton has declared that politicians must have the right to cancel citizenship rights because they will be accountable to voters.

Immigration Minister Peter Dutton has declared that politicians must have the right to cancel citizenship rights because they will be accountable to voters, as he steps up his argument against giving the power to the courts.

Mr Dutton insisted the new power was not a criminal sanction to be decided by the courts and should be left to a minister who could exercise discretion to ­ensure the right punishment for dual Australian nationals who join terror groups such as Islamic State.

He compared the new measure to the powers already held by Foreign Minister Julie Bishop to cancel the passports of suspected foreign fighters under legislation passed last year.

“We believe that it’s a decision for the minister of the day because we are elected by the people to make these tough decisions,” Mr Dutton told the Ten Network yesterday. “Julie Bishop has already made decisions in relation to over 100 passports, to cancel those passports, that’s not a right that’s conferred on the courts.”

While existing laws already cancel the citizenship of some who take up arms against Australia, legal experts have warned that the proposed legislation could fail in the High Court on the grounds that it deprives citizens of the right to stay in Australia or return home.

The bill is expected to be introduced in the next few weeks and will allow limited judicial review on matters of law rather than leaving the substance of a decis­ion to the courts.