Australian High Court Overturns Government Decision to Strip Citizenship from Convicted Terrorist, Set for Possible Release

Court ruling exposes flaws in extremism-related citizenship laws, jeopardizes government's plans to deport Algerian-born cleric Abdul Benbrika and questions the separation of powers.

• The Australian High Court ruled that an anti-terror law used to strip Abdul Nacer Benbrika, a convicted terrorist, of his citizenship was invalid. Benbrika may be released from prison within weeks as his post-sentence detention order is due for renewal on December 24.
• Benbrika's lawyers argued that the Home Affairs Minister violated the separation of powers by assuming the courts' role in imposing punishment when he deprived Benbrika of his citizenship just before the end of his 15-year jail term.
• The ruling is the second setback for the law, introduced nearly a decade ago, which permits a government minister to strip dual nationals of their Australian citizenship on extremism-related grounds.
• The precedent set by the High Court does not affect other individuals who have lost citizenship rights as Benbrika was the only person to lose citizenship under a specific clause of the law related to terrorist offenses that attract a prison sentence of over three years.
• Benbrika was first convicted in 2008 for leading a terror cell which targeted Australian landmarks. His 15-year sentence was extended by three years owing to a law that allows continued detention of those deemed a risk to the community if released.

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