On 8 June 2022, in Alexander v Minister for Home Affairs  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.
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.
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.
In this blogpost, Elia Bescotti, Fabian Burkhardt, Maryna Rabinovych, and Cindy Wittke discuss passportization as a tool of Russian foreign policy in the context of the recent war of aggression against Ukraine.
In this blogpost, Bronwen Manby discusses difficulties concerning the collection of statelessness statistics, focusing in particular on the efforts of the UN Statistical Commission to develop International Recommendations on Statelessness Statistics (IROSS).
In this blogpost, Timothy Jacob-Owens discusses the UK Supreme Court decision in PRCBC, comparing the ruling with earlier case law and considering some wider institutional factors which may help to explain the outcome.
In this blogpost, Els de Graauw discusses New York City’s recently enacted law to restore local voting rights for noncitizens. She contextualises this city law by situating it in the history of noncitizen voting in the United States and by comparing it to other recently adopted initiatives that advance urban citizenship in New York City.
In this blogpost, Rachel Pougnet discusses the proposed citizenship deprivation powers under Clause 9 of the Nationality and Borders Bill in the context of limited constitutional safeguards in the UK.