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Australia issued a Temporary Exclusion Order (TEO) on Wednesday to prevent an Australian citizen in detention in northeast Syria from returning home because of security concerns.
Home Affairs Minister Tony Burke confirmed that the TEO has been issued under the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth). Minister Burke stated: “I can confirm that one individual in this cohort has been issued a temporary exclusion order, which was made on advice from security agencies.” He further clarified that, “at this stage, security agencies have not provided advice that other members of the cohort meet the required legal thresholds.”
Prime Minister Anthony Albanese also confirmed that the government would provide “no support for the repatriation of these people or any support whatsoever.” While acknowledging the group holds Australian passports, he stated he has “nothing but contempt” for the parents who put their children in that situation and confirmed the government “will do nothing to assist these people coming back to Australia.”
The TEO permits the minister to temporarily bar an Australian citizen overseas from re-entering the country for up to two years if satisfied that the order would substantially assist in preventing terrorism-related conduct. A TEO does not permanently revoke citizenship but requires the individual to apply for a return permit, which may be subject to strict conditions.
Human Rights Watch (HRW) Australia opposed the use of TEO on the grounds that they breach the right of return, which they argue is a human right. Daniela Gavshon, a human rights lawyer from HRW, stated that such actions “have the practical effect of invalidating someone’s passport and could effectively render a person stateless during that period.” She argued that the government should pursue investigation and prosecution rather than “implement short-term solutions that have no basis in human rights.”
The decision by the government follows a previous case in relation to Australian citizens in Syrian detention centers. In Save the Children Australia v Minister for Home Affairs (No 2), the Australia Federal Court refused a habeas corpus application for Australian women and children in detention centers in northeast Syria, stating that the Commonwealth did not have enough control over the detention centers, as the detainees were in the custody of non-state actors and therefore could not avail themselves of the habeas corpus application.
The post Australia bars citizen from returning from Syria under counterterrorism powers appeared first on JURIST - News.
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Home Affairs Minister Tony Burke confirmed that the TEO has been issued under the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth). Minister Burke stated: “I can confirm that one individual in this cohort has been issued a temporary exclusion order, which was made on advice from security agencies.” He further clarified that, “at this stage, security agencies have not provided advice that other members of the cohort meet the required legal thresholds.”
Prime Minister Anthony Albanese also confirmed that the government would provide “no support for the repatriation of these people or any support whatsoever.” While acknowledging the group holds Australian passports, he stated he has “nothing but contempt” for the parents who put their children in that situation and confirmed the government “will do nothing to assist these people coming back to Australia.”
The TEO permits the minister to temporarily bar an Australian citizen overseas from re-entering the country for up to two years if satisfied that the order would substantially assist in preventing terrorism-related conduct. A TEO does not permanently revoke citizenship but requires the individual to apply for a return permit, which may be subject to strict conditions.
Human Rights Watch (HRW) Australia opposed the use of TEO on the grounds that they breach the right of return, which they argue is a human right. Daniela Gavshon, a human rights lawyer from HRW, stated that such actions “have the practical effect of invalidating someone’s passport and could effectively render a person stateless during that period.” She argued that the government should pursue investigation and prosecution rather than “implement short-term solutions that have no basis in human rights.”
The decision by the government follows a previous case in relation to Australian citizens in Syrian detention centers. In Save the Children Australia v Minister for Home Affairs (No 2), the Australia Federal Court refused a habeas corpus application for Australian women and children in detention centers in northeast Syria, stating that the Commonwealth did not have enough control over the detention centers, as the detainees were in the custody of non-state actors and therefore could not avail themselves of the habeas corpus application.
The post Australia bars citizen from returning from Syria under counterterrorism powers appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.