Attention: Citizenship Policy, Department of Immigration and Border Protection
CitizenshipPaper2015@immi.gov.au
Dear Sir/Madam
Discussion Paper: Australian Citizenship – your right, your responsibility
Australian Multicultural Council Submission – 30 June 2015
The Australian Multicultural Council (the Council) is pleased to present this submission in response
to the Department of Immigration and Border Protection’s Discussion Paper on Australian
Citizenship – your right, your responsibility.
The Council is a ministerially-appointed body which provides advice to the Government on ways to
sustain and support socially cohesive communities to ensure that all Australians have the
opportunity to participate, engage and contribute to Australian life.
We support proposals to strengthen Australian’s understanding of their responsibilities under
Australian citizenship. We consider that the revocation of citizenship is a serious measure which
should be applied only following due process through Australia’s judicial system.
We are also of the view due diligence must be exercised in respect to suspending privileges of
citizenship. In particular, measures which may contravene the current expectation that all
Australians can actively participate in Australia’s economic and social life need to be carefully
considered.
The value of Australian citizenship
Australia is one of the most diverse nations in the world. More than 4.5 million people have become
citizens since Australian citizenship was introduced in 1949. Today around 45 per cent of us were
either born overseas or have at least one parent who was born overseas. Australia’s diversity
allows us to prosper economically and culturally as a nation, with citizenship the common bond that
unites Australians under our shared democratic values.
Despite our diversity, Australia has high levels of cohesion and community harmony. According to
the national Scanlon Foundation surveys, a vast majority of Australians have a high level of
identification with our country. We have a strong sense of belonging, pride in the Australian way of
life; and a belief that maintaining a high level of identification is important for cohesion and
community harmony.
Australian Citizenship is the full articulation of this social cohesion, particularly the important
balance between civic rights and responsibilities. Australian Citizenship is especially valued by those
individuals who have chosen to become citizens, including the many former refugees who have
found new life and freedom in Australia. The Government should not forget that in some cases
people must give up their original citizenship to become Australians.
Suspension of privileges and revocation of citizenship
The Council abhors terrorism and supports the Government’s efforts to counter home grown
terrorism. We note that terrorism and violent extremism are criminal offences and encourage the
Government to consider how these offences can, in the first instance, be judged under criminal
jurisdiction. The Council acknowledges that there may be difficulties in applying traditional rules of
evidence to crimes committed by terrorists outside of Australia, and we support efforts to review
options for addressing such difficulties under the criminal law system.
We note that one of Australia’s core values, as stated in the Discussion Paper, is ‘equal rights before
the law and equality of opportunity for all’. The consideration of terrorist related offences under
criminal jurisdiction ensures that all citizens, not only those with dual citizenship, can be brought to
justice.
The Council agrees that in certain circumstances, it may be appropriate to suspend some
citizenship-related privileges. We also acknowledge that, in exceptional circumstances, the
revocation of citizenship may be necessary. The Council notes that the grant of privileges under
citizenship must be dependent upon adherence to the responsibilities of citizenship. Where a
citizen’s actions are detrimental to the peace and security of our nation, serious action must be
taken.
However, as such decisions are complex in nature, relating to criminal offences occurring outside of
Australia and carrying serious consequences for both the individual and their families, it should not
be left to ministerial discretion alone, but rather subjected to judicial review, including the right of
appeal.
Furthermore, we strongly believe that any powers relating to the revocation of citizenship must be
enshrined in legislation and still meet Australian’s obligations under the UN Convention on the
Reduction of Statelessness.
Strengthening the citizenship framework
We support proposals in the Discussion Paper that enhance awareness of the value, rights and
responsibilities of citizenship, including the suggestions to increase education on citizenship;
encourage greater civic participation; and strengthen citizenship test and pledge requirements.
We note that the national curriculum for civics and citizenship is awaiting final endorsement by
Ministers. We encourage the Australian Government to endorse; and state and territory
governments to implement this curriculum to ensure all young Australians are aware of their rights
and responsibilities. We further recommend that civics and citizenship education be made available
to all Australians through a well-resourced public education campaign.
We are concerned with the proposal to amend the residency requirements for Australian
citizenship. We note that current requirements are consistent with other Organisation for
Economic Cooperation and Development countries and any significant amendments may impact on
the ability of long term migrants to access upward mobility prospects and fully participate in
Australian society. For instance, access to the HECS-HELP scheme, which the majority of Australians
rely upon to access higher education, is restricted to citizens. Restricting citizenship, and associated
upward mobility prospects, may impact on migrants’ sense of belonging and attachment towards
Australia, thus reducing their allegiance to Australia and the cohesion of our nation.
If the Government considers changes in this area, we recommend consideration be given to specific
actions the Government could take to foster people’s attachment to Australia in lieu of citizenship.
Given our role to provide advice to Government on ways to sustain and support socially cohesive
communities, we would be well placed to support the Government in this area.
Conclusion
We commend the Government for inviting submissions to its Discussion Paper and strongly
recommend that the Government conduct extensive public national consultation on this matter. We
remind the Government that, in order for citizenship to be valued as the binding fabric of our
nation, rights and responsibilities need to be afforded equally to all citizens, and powers to revoke
citizenship must be subject to the due processes of Australian law. We ask the Government to
reflect upon Australia’s long and successful history of social stability and equal opportunity and
retain a strong sense of proportionality when considering the proposed amendments to the
citizenship framework.
Yours sincerely
Dr Sev Ozdowski OAM
Chair, Australia Multicultural Council
29 June 2015