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