The federal leader of the Palmer United Party and Member for Fairfax, Clive Palmer, says the Government’s decision to introduce legislation to strip Australians of their citizenship if suspected of terrorism crimes is a breach of constitutional law.
Mr Palmer said under the proposed legislation, dual-nation citizens suspected of terrorism offences could lose their citizenship at the discretion of a Minister.
“To leave this decision solely in the hands of a minister is effectively breaching constitutional law. It means a citizen could be exiled without any sort of court hearing,” Mr Palmer said.
“If a citizen is suspected of terrorism offences, they should be able to appear in front of a court and prove their evidence.
“Under the proposed legislation, what should be a court decision made by a judge assessing the merits of a case, is a decision being made at the whim of a minister.
“Simply under this proposed legislation, a judicial review is proposed which does nothing to promote fairness and democracy. All a judicial review does is check that the decision maker has followed a correct process.
“The government is betraying Australian democracy and stripping Australians of individual freedom and protection.
“The courts should have a role in assessing the merits of a case, not just the minister.
“This is a fundamental right of all citizens and without it, fundamental rights would be lost thus violating international law without due process.
“Taking away citizenship without any reference to a court of law and leaving the decision up to a minister is an action that undermines fair judicial process.”