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Citizenship deprivation as banishment: The High Court of Australia in Alexander’s case

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On 8 June 2022, in Alexander v Minister for Home Affairs [2022] HCA 19, the High Court of Australia invalidated a ministerial power of citizenship deprivation. It reasoned that the deprivation was punishment for misconduct. Punishment for misconduct is an exclusively judicial function, one that cannot be conferred on the executive. This characterization of deprivation as punishment rested on a view of citizenship as a fundamental assurance of territorial security.

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Citizenship deprivation in a context of terrorist violence: (multiple) membership and citizenship in France and the Maghreb

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This blog post presents some reflections on the evolution of legal frameworks and political debates relating to citizenship deprivation in France and the Maghreb (Morocco, Algeria, Tunisia). It explores two key stumbling blocks – the restriction of citizenship deprivation to those who hold another citizenship and to citizens by ‘acquisition’ – which are widely shared across the world. The blog concludes by exploring what it terms the new ‘identity turn’ in questions of deprivation.

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The ECtHR on citizenship revocation: Solving or compounding the confusion?

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Earlier this month, the European Court of Human Rights rejected a complaint brought by a Danish-born man convicted of terrorist offences challenging the revocation of his Danish citizenship and his expulsion to Tunisia. The decision brings closure to a controversial case and shines new light on the sensitive relationship between citizenship revocation and Article 8 ECHR.

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