Dutton wants referendum on giving politicians ability to deport dual citizens
Opposition Leader Peter Dutton is considering an election pledge to hold a referendum next term on deporting criminal dual nationals as part of the Coalition’s plan to toughen the requirements for Australian citizenship.
As former prime minister Tony Abbott calls for a stricter citizenship test, Dutton and his senior MPs have held high-level talks about changing the Constitution to allow ministers to cancel the citizenship of people guilty of crimes such as terrorism, in what would be the second referendum in as many terms of parliament.
That decision was made after a man who joined Islamic State applied to the court claiming it was unlawful to revoke his citizenship, an argument with which the court agreed because it said powers to strip citizenship involved ministers exercising a function that should be left for judges.
A similar court decision in 2023 allowed terrorist Abdul Nacer Benbrika to remain in Australia after the High Court struck down Coalition-era powers.
Australian law already allows a dual citizen to be deported under a judge’s ruling if they have been sentenced to more than three years and have committed crimes such as terrorism or treason that “repudiated their allegiance to Australia”, and are being kicked out for a purpose other than punishment, such as community safety.
Dutton said publicly at a Future South Australia event last month that the nation should be “mature enough” for a debate about changing the constitution to beef up cancellation powers as antisemitic and anti-Muslim attacks have risen in the past year.
This masthead has confirmed with four senior Coalition sources, unauthorised to speak to media, that Dutton sees a referendum as a serious prospect if he wins the election and cannot find a legislative fix to a problem upon which the crime-focused former policeman places importance.
