Australia’s big Abdul Nacer Benbrika deportation problem – as Pauline Hanson demands Albo does whatever it takes to keep Australia safe: ‘It will need another referendum to fix this’

Australia would have to hold a new referendum before it can deport convicted domestic terrorist Abdul Nacer Benbrika, a terror expert has warned.

Algerian-born Benbrika has won a landmark court ruling to overturn a government attempt to strip him of his Australian citizenship and deport him.

Benbrika, 63, migrated to Australia in 1989 and got his citizenship in 1998, but that was torn up in 2020 after he served 15 years in prison for running a terrorist organization.

Benbrika was arrested in 2005 and described as the “guiding light” of a Melbourne terror cell that plotted attacks on Australian landmarks including the MCG in the early 2000s.

He launched a High Court bid earlier this year to challenge the legality of the former Morrison government’s decision to strip him of his citizenship when he was threatened with deportation.

On Wednesday, the High Court ruled in his favor in a 6-1 decision, ruling that the decision was unlawful under section 36D of the Australian Citizenship Act.

Now anti-terrorism expert Clive Williams has warned that a new referendum is now needed to change the constitution and overturn the court’s decision.

“The government is between a rock and a hard place,” Dr Williams told Ny Breaking Australia.

‘The Supreme Court held that criminal behavior could only be punished by the judiciary and that the previous government’s legislation allowing deprivation of citizenship was unconstitutional.

“The current government is reviewing that judgment, but does not have the power to change the constitution without a referendum.”

The government is now considering what to do next with Benbrika in light of the court ruling.

But Dr. Williams added: ‘Whatever the outcome, Benbrika is unlikely to be released from detention as long as he is believed to pose an ongoing terrorist threat.’

Benbrika will not be released immediately following the High Court ruling, but a Victorian court is now examining the parameters of a supervision order agreed between his lawyers and the Commonwealth.

The proposed release plan would allow for 24-hour monitoring, including investigation of all telephone and online communications, friendships and movements of Benbrika.

But One Nation MP Pauline Hanson has warned the country is at risk if Benbrika is ever released from prison and allowed to remain in Australia.

She demanded that Anthony Albanese find a way to permanently deport him.

“By allowing Benbrika to retain Australian citizenship, the High Court has made Australia less safe and circumvented the intentions of parliament,” she said on Wednesday.

“These terrorists and their ideologies of hatred and destruction have no place in our country.

“This particular terrorist plotted to murder thousands of innocent people, and yet the Supreme Court has said it is acceptable for this terrorist to remain an Australian citizen.

“This is a terrible outcome and a bad decision.”

She added: “Australian citizenship is a privilege that should be earned, respected and cherished. It has been devalued by this terrible Supreme Court ruling.

“I demand that the Albanian government urgently work to reverse this decision, have this terrorist permanently deprived of his citizenship and ultimately deported from our shores.”

The terrorist’s legal team successfully argued that only the judiciary – courts and judges – should have the power to punish convicted criminals, not the government.

The sole dissenting voice in the High Court bench, Justice Simon Steward, argued that deprivation of dual nationality was not a punishment.

He insisted it was instead a recognition that their extreme behavior was “inexorably dividing itself from the people as a community and from Australia itself”.

Benbrika completed his sentence in November 2020 but was held behind bars after then Home Affairs Minister Peter Dutton requested a continued detention order.

The order allows courts to keep convicted terrorists in custody for up to three years if they pose a persistent danger to the community.

The continued detention order is currently being challenged in the Supreme Court of Victoria.

Prime Minister Anthony Albanese said the government “will investigate the ruling and respond appropriately in a timely manner.”

“There was clearly a problem with the former government’s legislation, which is what this ruling relates to,” he said.

“But when it comes to the legal consequences, we will seek advice before the ruling and respond appropriately.”

Home Secretary Clare O’Neil is now said to be investigating the verdict and its implications.

She has announced new laws to strip terrorists of their citizenship if they have dual citizenship, but wants to ensure any new legislation will survive future Supreme Court challenges.

Opposition foreign affairs spokesman Simon Birmingham has offered support to the coalition to “pass whatever laws are necessary to ensure Australians are kept safe”.