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Australia cannot strip citizenship from man over his terrorism convictions, top court says

25 Comments
By ROD McGUIRK

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25 Comments
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sick country and system.

too "political correct" one...

-10 ( +7 / -17 )

Keep this terrorist under 24/7 surveillance.

7 ( +12 / -5 )

if it's a "law", how can it be unconstitutional. or.... if it's unconstitutional, how come it was made a 'law'. weird. not to mention nonsensical.

-3 ( +3 / -6 )

He was sentenced to 15 years in prison and would have been released in 2020. But his sentence was extended by three years under a recent law that allowed the continued detention of prisoners convicted or terrorism offenses who a judge ruled posed an unacceptable risk to the community if released.

...so after an additional 3 years in prison he's sudden;y 'safe'? more weirdness and nonsense.....

-4 ( +3 / -7 )

sick country and system.

And you think your hometown, the middle kingdom is better?? Give me a break!!!

Benbrika should be sent back to his home country. No-one should have the right to bring twisted ideological thought to an adopted country and be allowed to plan terror within that country.

15 ( +15 / -0 )

sick country and system.

too "political correct" one...

I guess democratic nations will never meet the high standards of your perfect nation, Russia.

11 ( +11 / -0 )

"Australia cannot strip citizenship from man over his terrorism convictions"

The same applies for the Japanese refugee passport, once you're granted it you can spend half of your life in and out of jail and the country is still stuck with you, I've met 2 of these kind of people in the past. And people wonder why Japan is so strict with asylum seekers.

2 ( +6 / -4 )

He is not very good at being a terrorist. They probably don't want him back.

1 ( +2 / -1 )

Or to put it another way, Australia welcomes terrorists.

-8 ( +2 / -10 )

Imagine that. A convicted terrorist can't even have his citizenship taken away nor be sent back to the country he came from. Talk about impotence.

-2 ( +3 / -5 )

Democracy at work, 100% agree. The government has NO BUSINESS in deporting or stripping citizens if their Citizenships.

Congrats Australis and I hope "" Other Nations "" are watching and learning from this ruling.

-3 ( +3 / -6 )

R v Benbrika & Ors [2009] VSC 21 (3 February 2009)

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2009/21.html

Strip the convicted terrorist of his citizenship, Abdul Benbrikan is the very definition of a danger to any law abiding democracy, to public safety.

Deport the extremist.

6 ( +7 / -1 )

If he is deemed to be danger to society, he shouldn't be released from prison!

8 ( +8 / -0 )

Stripping people of their citizenship is what despotic governments like to do, fascist, communist and, yes, "democratic" regimes, e.g. the UK.

0 ( +3 / -3 )

Surely the law could be revised to allow the court to review submissions from government ministers and agree or dismiss them. It seems a nonsense in country that allows dual citizenship, that a migrant refusing to accept constitutional law they’ve agreed to follow, can’t eventually have their adopted citizenship revoked.

1 ( +2 / -1 )

u_s_reamer (sic)

Stripping people of their citizenship is what despotic governments like to do

They don’t usually go to that much trouble, despotic regimes usually just ‘disappear’ people, murder them abroad or shoot their planes down.

3 ( +4 / -1 )

Naturalize citizen in the US can be stripped of their citizenship, following their conviction and release,why you are always on parole as a foreigner

-5 ( +0 / -5 )

So, the Supreme Court believes the judicial branch should make the laws and Parliament cannot?

0 ( +2 / -2 )

Strip the convicted terrorist of his citizenship, Abdul Benbrikan is the very definition of a danger to any law abiding democracy, to public safety.

Deport the extremist.

And the US should strip the citizenship of Traitor Trump and the J6 insurrectionists. They don't respect or believe in democracy and they have no place in one.

> PaulToday  06:54 pm JST

If he is deemed to be danger to society, he shouldn't be released from prison!

No he should not be released. The leader of a small cult that tried to destroy the World Trade Centers (in the basement) back in early 1993 was sentenced to solitary confinement for life. He died there a few years ago, pretty much forgotten.

2 ( +2 / -0 )

Starpunk,under no condition can a natural born US citizen,can be be stripped of their citizenship,unless they volunteer surrender it and that questable

-4 ( +0 / -4 )

if it's a "law", how can it be unconstitutional. or.... if it's unconstitutional, how come it was made a 'law'. weird. not to mention nonsensical.

Because that's how the system of government works. Laws can be passed by Parliament which are not constitutional. That is why they can be challenged at the Supreme Court and subsequently either confirmed or rejected.

So, the Supreme Court believes the judicial branch should make the laws and Parliament cannot?

No. Its job is to uphold the Constitution. And that is what is what it is doing here.

4 ( +4 / -0 )

Yrral

Naturalize citizen in the US can be stripped of their citizenship, following their conviction and release,why you are always on parole as a foreigner

No they can't. Denaturalization can happen only if a citizen improperly received citizenship when they were not eligible for it or if they committed fraud to get citizenship. This person doesn't fall into that category.

3 ( +4 / -1 )

The law is correct, just that the legal process was incorrectly applied.

The minister can strip citizenship as a means of correcting an error (eg. you failed to mention serious crimes when originally applying for citizenship even years ago).

The minister cannot strip citizenship as a means of "punishment" (eg. terrorism) because that's the job of the courts. What the minister should've done was to submit the very same evidence/reasons to the courts and if they decide to strip citizenship then that's ok.

2 ( +2 / -0 )

YrralToday  12:05 am JST

Starpunk,under no condition can a natural born US citizen,can be be stripped of their citizenship,unless they volunteer surrender it and that questable

Just like Benedict Arnold, Donald Trump is a traitor and a puppet to Putin. By that process he already surrendered and voided his US citizenship just for the fact of his submission and treasonous actions.

2020hindsightsToday  03:30 am JST

Yrral

Naturalize citizen in the US can be stripped of their citizenship, following their conviction and release,why you are always on parole as a foreigner

No they can't. Denaturalization can happen only if a citizen improperly received citizenship when they were not eligible for it or if they committed fraud to get citizenship. 

Melania Trump came to America illegally as a teen, she didn't get US citizenship until 2006.

1 ( +2 / -1 )

“It’s a fundamental breach of the separation of powers in Australia which says that judging guilty and determining punishment should be by courts and not by people in Parliament,” 

I don't see it as being a punishment.

-1 ( +0 / -1 )

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