Opposition Leader Peter Dutton has proposed a referendum to deport dual citizens convicted of criminal offences.
It comes in response to previous High Court rulings that it is unconstitutional for politicians to impose punishments on foreign-born people in Australia.
In order to change the Constitution, a referendum needs to be held, although they are rarely successful.
Multiple Coalition sources have told TDA they were not aware of the finer details of the referendum proposal.
High Court
Australia’s democratic system is underpinned by the “separation of powers”.
It means the Government’s legislative (Parliament), judiciary (Courts), and executive (Governor-General) branches have particular roles and responsibilities.
The High Court has previously ruled that laws allowing Parliament to cancel a person’s citizenship are an overreach of its power.
In 2020, the then-Coalition Government passed a law allowing the Home Affairs Minister to cancel visas of convicted terrorists who are dual citizens.
Two years later, the High Court ruled the law invalid because it breached the separation of powers, finding it was unconstitutional for the legislative branch of government to “punish criminal guilt”.
There have also been recent debates about whether it is the job of courts or politicians to set sentencing guidelines for terrorism offences.
Proposal
Senior Coalition sources told Nine newspapers that Peter Dutton and members of his frontbench have considered a referendum on deporting dual citizens convicted of crimes.
Dutton would need to go to a referendum because giving this power to the Government requires changing the constitution.
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
The proposal would be floated officially if the Coalition wins the next election, due by 17 May.
Details
Speaking to reporters on Tuesday afternoon, Dutton said: “My argument is that if somebody has committed a terrorist attack against Australian citizens… should [that person] remain as a citizen of our country?”
“We will be seeking a mandate at the next election... to keep Australians safe,” he added.
Under the proposal, a dual citizen would lose their Australian citizenship if convicted of a serious offence, giving authorities power to deport them. It’s not clear whether this would be limited to terrorism charges.
Response
Former Coalition Attorney-General George Brandis spoke out against the proposal in an opinion piece published in Nine newspapers.
Brandis said Australians would not be interested in an “ideologically inspired constitutional referendum” following the defeat of the Indigenous Voice to Parliament referendum in 2023, and noted they are rarely successful.
Out of 44 referenda held in Australia, eight have been successful.
Coalition sources, speaking on the condition of anonymity, said the party members would likely not support another referendum amid cost of living concerns. The Voice to Parliament referendum cost the Government $411 million.
Shadow Attorney-General Michaelia Cash told Sky News the Coalition had “no plans” to hold a referendum.
Shadow Treasurer Angus Taylor told ABC radio on Wednesday morning that the idea was “not our policy”.
Prime Minister Anthony Albanese has described Dutton’s referendum proposal as a “thought bubble”.
