Tag: Australian Citizenship Bill

  • Government Announced New Changes to Australian Citizenship Laws

    Government Announced New Changes to Australian Citizenship Laws

    Migrants will face tough new questions on cultural values under a major shake-up of Australia’s Citizenship test.

    “New migrants must prove their commitment to the nation and embrace Australian values,” declared Prime Minister Malcolm Turnbull.

    Some of the key factors that will be considered regarding the new laws include:

    • Increasing the application process for permanent residents’ eligibility for citizenship to four years
    • Introduce more components for English language test
    • Banning of migrants with a history of organised crime or family violence

    Mr Turnbull explained that the reason for tightening the test was to ensure that the nation did not harbour criminals.

    Although Labour described the new laws as satisfaction to the right wing of the Liberal Party, the opposition leader Bill Shorten said many of the questions were reasonable.

    The new laws will see migrants undergo tougher citizenship test which will assess their attitudes to gender equality and religious freedom, while observing their commitment to Australia.

    Applicants must demonstrate how they have integrated into the Australian community by showing proof that their children are getting better education, by providing evidence that they are employed or even by joining clubs.

    Also, the government may deny citizenship to applicants who have a history of organised crime or domestic violence.

    More components will be added to the English language test in order to assess the applicants’ listening, writing and reading skills.

    Instead of the current one year wait, migrants who are granted to be permanent residents will have to wait four years before applying for Australian citizenship. Indeed, this shows how the new laws have been tightened for screening new migrants.

    Not as if that is enough – an applicant will have to wait another two years to apply for citizenship if they fail the test three times.

    Those who plan to apply for citizenship may be subjected to the new rules if the coalition manages to pass the changes through Parliament.

    Minor offences such as domestic abuse and social welfare fraud, and others that are not consistent with Australian values would be looked at more deeply through the new test.

    The new test will also include questions focusing on religious issues. The questions will be carefully designed in such a way that they show appreciation of Australian values.

    Some of the potential questions that are expected to be asked include whether the principle of religious freedom allowed for prohibiting girls from school, abusing a spouse, genital mutilation and children to marry.

    The decision to update the Citizenship laws was arrived at due to the current global threat of terrorism. The main reason why the changes were made was to strengthen the commitment to Australian values and support democracy.

    “The Australian community needs to put effective measures in place in order to combat the recent terrorist attacks around the globe,” said the Australian Prime Minister.

    He added that this was the best time for Australia to reaffirm its increasing commitment to shared values, opportunity and democracy.

    Therefore, aspiring citizens must demonstrate their allegiance to the nation’s values and be ready to positively contribute to the Australian community.

  • ABA urges review of the proposed Australian citizenship bill

    The Australian Bar Association has urged that the newly proposed citizenship bill be reviewed. According to the ABA, the new bill is said to be unfair to individuals that are linked to terrorist organizations since their citizenship can be revoked on grounds that it is unconstitutional. In their submission, the ABA has warned that the drafted bill provisions are too broad for the Allegiance to Australia Bill 2015. The submission was presented to the Australian Parliamentary Joint Committee on Security and Intelligence. Also, according to the ABA, the immigration minister is given the extraordinary power to bypass the courts entirely in giving practical effect to revoking of an individual’s citizenship, as stated under the proposed citizenship bill.

    Since the proposed changes for the citizenship bill intends to look down upon the court’s judicial powers to find out the truth and impose punishment for various criminal offenses, the ABA further argued that the new bill has all the reasons to be viewed as unconstitutional. Fiona McLeod, ABA’s president, said that an individual can only lose his or her citizenship if they have been convicted of a relevant offense by the Australian court of law, giving an example such as an act of terrorism directed at Australians. Currently, section 5 of the Australian Citizenship Act 2007, states that an individual’s citizenship can only be revoked if the person is claimed to have served in the armed forces of a country that is viewed as an enemy of Australia.

    However, this is not the case with the new citizenship bill or the anti-terrorism law, because it would see individuals who engage in terrorist-related conduct or provide their services to a declared terrorist organization be stripped of their citizenship. In addition, according to ABA’s submission, this new bill could relate to minor offenses, omissions, not leaving out unintentional acts, and could also apply to individuals whose terrorist-related conduct is unproven. The ABA’s president expressed her worries in the new citizenship bill, based on the concern that the rights of Australians claiming that the new bill could have their citizenship renounced unfairly in case they have had contact with terrorist organisations under duress; against their will, unintentionally or inadvertently or have committed minor offenses.

    She stated that it was clear that a government official must always make a determination that an offense has actually occurred, but the new bill proposes that citizenship is renounced automatically by the citizen’s conduct; hence the government’s bill uses a legal sleight of hand. Ms. McLeod continued with her statement saying that she was worried about the bill because it poses much threat to loyal Australian citizens who work for humanitarian organisations since they could be negatively affected by the new citizenship bill and even worse, lose their Australian citizenship.

    In conclusion, the Australian Bar Association believes that the new bill treats the Australian citizenship as protection against threats to the society; hence the new bill uses citizenship as a tool of punishment, which should not be the case. The ABA also said that the new bill’s approach would be counter-productive to de-radicalisation and social inclusion.


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