Bobby. wrote Yesterday at 8:23pm:
Brian Ross wrote Yesterday at 7:57pm:
I'd listen to what the experts advise, Bobby. Something no one would accuse you of doing, now could they? Tsk, tsk, tsk...
So - what did the experts advise?
Section 36D of the Citizenship Act allows the minister to apply to a court for an order to cease a person’s Australian citizenship.
The Act (section 36C) states that the court may make an order to cease a person’s Australian citizenship if:
the person is aged 14 years or over
the person is a dual national
the person has been convicted of one or more serious offences
the court has imposed a period or periods of imprisonment that total at least 3 years or more, and
the conduct the offence relates to is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.
Section 36C of the Citizenship Act sets out the serious offences relevant to citizenship cessation. These offences show a clear link to the breaking of the common bond. This shows that a person has repudiated their allegiance to Australia.
Serious offences specified in the Act, are provided under the Criminal Code and include:
certain terrorism offences including breaches of Extended Supervision Orders and Interim Supervision Orders
treason
espionage
foreign interference
advocating mutiny
foreign incursions and recruitment offences
certain explosives and lethal devices offences.
In deciding whether a person’s conduct is so serious and significant that it demonstrates they have repudiated their allegiance to Australia, the court must consider:
whether the person has engaged in conduct that demonstrates a repudiation of the values, democratic beliefs, rights and liberties which underpin Australian society
the degree, duration or scale of the person’s commitment to, or involvement in, the conduct constituting to which the offence relates
the intended scale of the conduct to which the conviction relates
the actual impact of the conduct to which the conviction relates
whether the conduct caused, or was intended to cause, harm to human life or a loss of human life.