This session identifies things that are not in the Australian Constitution as well as the things that are in there!

Resources related to this episode:

The Australian Constitution can be found at https://www.pmc.gov.au/sites/default/files/foi-logs/foi-2021-017.pdf

This session identifies things that are not in the Australian Constitution as well as the things that are in there! There is no reference to Australian citizenship. There is a mention of citizenship – but not Australian citizenship – it is other country’s citizenship.

Section 44 – (i) – citizen of a foreign power

See Kim Rubenstein, Citizenship and the Constitutional Convention Debates: A Mere Legal Inference – 1997 Federal Law Review
Re why there is section 51(xix naturalization and aliens)
Influence of the White Australia policy
The Federal structure
Rights and Citizenship
Indigenous Australians citizens without rights

Impact of section 44 (i) on Multicultural Australia.
Over 50% of Australians either born outside of Australia or their parents were – see 2021 Census – Australian Bureau of Statistics

Love v Thoms – High Court case on indigenous membership in Australia and ‘Belonging’. Different ‘types’ of membership in Australia – residence and rights.

Rights and Citizenship – no express statement of Australian citizenship rights.
COVID experience of Australians being stranded overseas an example of the consequences and, Australians were also ‘trapped’ – unable to leave without permission.
Was this a breach of the international obligations of states to enable Australians to leave and return?

See Olivera Simic and Kim Rubenstein, ‘The Challenge of COVD Free ‘Australia’ –international travel restrictions and stranded citizens.
Volume 27, 2023, The International Journal of Human Rights

Separation of powers – and citizenship stripping
Dual citizens and protection from having Australian citizenship removed.
Alexander v Minister for Home Affairs (2022) HCA 19

Indigenous citizenship – 1890s – British subjects by being born on Crown land who later became Australian citizens in 1949.
Yet, that was without a lived equality of citizenship –
Discussion of formal and substantive equality of citizenship.
See Kim Rubenstein, Indigenous voice to Parliament is the first step to true equality of citizenship.
Which draws from Kim Rubenstein, ‘Power, Control and Citizenship: The Uluru Statement of the Heart as Active Citizenship’ 2018 30 Bond Law Review

For questions about the information discussed, contact: Kim.Rubenstein@canberra.edu.au