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Federal Discrimination Law 2016

Date

Review of citizenship loss provisions in the Australian Citizenship Act 2007 (Cth)

Summary

The Australian Human Rights Commission welcomes the opportunity to make this submission to the Independent National Security Legislation Monitor (INSLM) with respect to its review of the operation, effectiveness and implications of ss 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007 (Cth) (the Citizenship Act). These provisions govern certain circumstances in which dual citizens can lose their Australian citizenship for particular terrorism-related conduct. The Commission acknowledges the critical importance of protecting Australia’s national security, and the Australian community from terrorism. Enacting appropriate measures that achieve these goals can protect human rights, including the right to life,[i] and help fulfil our international law obligations.[ii] Australian’s counter-terrorism framework must address the real and complex threat of terrorism, in a way that upholds the fundamental human rights of Australians and the rule of law. This can be a difficult task, but it is critical to ensuring that our laws achieve their primary aim without unintended consequences. International human rights law requires that any limitation on rights must be reasonable, necessary and proportionate to the achievement of a legitimate objective. The Commission is concerned that numerous aspects of the citizenship loss provisions do not satisfy these requirements. The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns.
The Australian Human Rights Commission welcomes the opportunity to make this submission to the Independent National Security Legislation Monitor (INSLM) with respect to its review of the operation, effectiveness and implications of ss 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007 (Cth) (the Citizenship Act). These provisions govern certain circumstances in which dual citizens can lose their Australian citizenship for particular terrorism-related conduct. The Commission acknowledges the critical importance of protecting Australia’s national security, and the Australian community from terrorism. Enacting appropriate measures that achieve these goals can protect human rights, including the right to life,[i] and help fulfil our international law obligations.[ii] Australian’s counter-terrorism framework must address the real and complex threat of terrorism, in a way that upholds the fundamental human rights of Australians and the rule of law. This can be a difficult task, but it is critical to ensuring that our laws achieve their primary aim without unintended consequences. International human rights law requires that any limitation on rights must be reasonable, necessary and proportionate to the achievement of a legitimate objective. The Commission is concerned that numerous aspects of the citizenship loss provisions do not satisfy these requirements. The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns.

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Monday 25 February, 2019

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ParentsNext, including its trial and subsequent broader rollout (2019)

Summary

ParentsNext is a compulsory ‘pre-employment’ program applied to targeted recipients of the Parenting Payment. It can result in the suspension, reduction or permanent cancellation of a person’s Parenting Payment for non-compliance.

ParentsNext is a compulsory ‘pre-employment’ program applied to targeted recipients of the Parenting Payment. It can result in the suspension, reduction or permanent cancellation of a person’s Parenting Payment for non-compliance.

Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018

1. Executive summary

  1. The Australian Human Rights Commission (the Commission) makes this submission to the Parliamentary Joint Committee on Intelligence and Security, in response to its review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (the Bill).

Migration (Validation of Port Appointment) Bill 2018

 

1 Introduction

1. The Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in relation to the Migration (Validation of Port Appointment) Bill 2018 (Cth) (the Bill) introduced by the Australian Government.

2 Summary

2. The Commission welcomes the opportunity to make a submission in relation to this Bill.

AM v Commonwealth of Australia (Department of Home Affairs) 2018

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CW v Commonwealth (Department of Home Affairs) 2018

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AG v Commonwealth (Department of Foreign Affairs and Trade) 2018

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Ms Jessica Smith v Redflex Traffic Systems Pty Ltd (2018)

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