A court would be able to strike down a minister's decision to strip dual-nationality terror supporters of their Australian citizenship if there isn't enough evidence, a senior Liberal says.
A day after former Howard government minister Amanda Vanstone lashed the prime minister for the proposal, newly appointed special envoy for citizenship Philip Ruddock has tried to ease concerns.
Those in the sights of the federal government for deportation would get the chance of appeal, he said on Tuesday.
"I don't imagine that anybody would be deported from Australia until all of their entitlements have been in fact exhausted," he told ABC radio.
When asked whether the courts could say the immigration minister got it wrong by making an order, Mr Ruddock said "of course".
"If a minister simply made a decision to terminate a citizenship entitlement without properly considering the nature of the evidence ... it would certainly be a matter which could be overturned by a judicial review."
The government is drafting legislation with help from its "professional advisers", expected to include the solicitor general, Mr Ruddock said.
The plan, and how it was put to cabinet, was strongly criticised on Monday by Ms Vanstone, describing as "profoundly dumb" the idea of a minister taking away someone's citizenship without an appeal.
Ex-Liberal minister Helen Coonan also expressed concern, saying the courts should play a role in assessing the merits of a case.
"The point you make is an interesting one, probably right too," she told Sky News, agreeing with former Queensland Premier Peter Beattie who advocated the same approach.
Greens leader Richard Di Natale says that stripping citizenship rights won't make Australia any safer.
"It effectively says to a group of people rather than having you locked up, rather than ensuring that you're not able to commit these crimes, we're going to turn you loose," he told Sky News on Tuesday.
It was ridiculous that the notion of taking citizenship from Australian-born people who weren't dual nationals had even found its way onto the table, Senator Di Natale said.
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