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Thursday, 3 December 2015
Page: 9941

Senator BRANDIS (QueenslandAttorney-General, Vice-President of the Executive Council and Leader of the Government in the Senate) (22:11): As I said in answer to Senator Madigan, that depends upon the citizenship laws of the other country. Most nations' citizenship laws give their citizens a right of return. Australian citizenship law does that and I think you will find that that is generally the case, though I cannot assure you that it is universally the case. But, when a person is awaiting deportation, in circumstances where it is not safe for them to be on the streets they go into immigration detention. The High Court decided some years ago in a case called Al-Kateb that immigration detention, even for indefinite periods, is constitutionally valid in Australia. So there are circumstances in which people do go into immigration detention, await deportation and there is a communication between Australia and the other nation as to the return of that person to the other nation. But, as I say, it will all depend upon the particular citizenship laws of the other country. Most countries recognise a right of return for citizens.