Plan to remove citizenship from dual nationals who commit crime described as 'thought bubble'

Peter Dutton deportation referendum idea later described as a 'last resort' (AAP)

Peter Dutton deportation referendum idea later described as a 'last resort' Source: AAP / NADIR KINANI

Opposition leader Peter Dutton has floated the option of holding a referendum to secure the power to deport dual nationals guilty of criminal offences. In 2022, the High Court ruled ministers could not strip citizenship from criminals, deeming it unconstitutional for politicians to impose criminal punishment.


Listen to Australian and world news, and follow trending topics with

TRANSCRIPT

The politician who campaigned against the referendum for an Indigenous Voice to Parliament is leading a new push for constitutional change.

Opposition leader Peter Dutton says the Coalition, if elected, COULD hold a new referendum seeking the power to deport dual nationals guilty of serious criminal offences, and strip them of citizenship.

Speaking with Channel 7's Sunrise program, Mr Dutton said he was considering the move.

"What we're promoting here is a discussion about whether we've got adequate laws, whether our constitution is restrictive. And ultimately what I want to do is keep our country safe and keep communities safe. And I think there are a lot of Australians who are worried about the rise of antisemitism in our country and elsewhere which just doesn't reflect the values we've fought for over many generations."

In 2022, the High Court ruled ministers could not strip citizenship from criminals, ruling it is unconstitutional for politicians to impose criminal punishment in place of the judiciary.

This latest suggestion by Peter Dutton would seek to roll back that ruling.

But hours later, the Opposition's legal spokeswoman Michaelia Cash appeared to walk back her leader's proposal.

She said, in a statement, that the party has no plans to hold a referendum at this stage and would consider it only as a "last resort."

Prime Minister Anthony Albanese was quick to call out the apparent discrepancy.

"Well this is another thought bubble from Peter Dutton that hasn't made it to lunch time. This morning you had Peter Dutton on one TV channel calling for a referendum and Michaelia Cash on another TV channel ruling it out. This has not been thought through. It is not clear where this has come from. Peter Dutton wants to talk about anything but cost of living."]]

The failed Voice to Parliament referendum in 2023 cost about $450 million dollars.

When asked whether Australia could afford another referendum amid cost of living pressures, Dutton said holding a referendum would still be worthwhile.

"I want to keep our country safe. That is the first priority and the first responsibility  of any prime minister and at the moment we have people in our country who hate our country who want to cause terrorist attacks, and my argument is that if you betray your allegiance to our country in that way, you should expect to lose your citizenship."

Greens leader Adam Bandt said the idea was proof the Opposition had no plans to improve people's lives.

"The election campaign has barely got underway and Peter Dutton has already started his dog whistling to cover up the fact that he's got absolutely no plans to make peoples lives better, zero plans to address the housing crisis or cost of living crisis that is pushing people to the brink."

And even former Liberal Attorney-General George Brandis criticised the proposal.

In an article for Nine Newspapers, he said: "If the idea is under discussion, it is a very bad one...Many would see it as an attack on the autonomy of the High Court."

Associate Professor Rayner Thwaites from the University of Sydney Law School says such a constitutional change would remove judicial protections from the constitution.

"[It] would potentially have implications for judicial protections that go beyond citizenship deprivation. It would be very hard to see how you could just limit the implications of a constitutional change so they wouldn't have knock on effect to the separation of judicial power in other areas."

The Opposition has flagged a broader plan to strengthen requirements for Australian citizenship ahead of the election, but the details have not been finalised.


Share