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Current Public Hearing

27 June 2019

Review of the Terrorism-related Citizenship Loss Provisions in the Australian Citizenship ACT 2007



About the hearing participants

Dr James Renwick CSC SC, INSLM
You can view more details about the Independent National Security Legislation Monitor on our about page.

Mark Mooney, INSLM Principal Advisor
Mark has worked in the INSLM Office since 2015 and was also the Principal Advisor to former Monitor, Mr Roger Gyles AO QC.

Gim del Villar, Counsel Assisting
Gim was the associate to the Hon. Ian Callinan of the High Court, before working in the Constitutional Policy Unit of the Commonwealth Attorney-General’s Department, and later as counsel assisting the Commonwealth Solicitor-General. He was called to the Bar in 2008 and practices in a wide range of areas including administrative law, civil confiscation of criminal profits, civil and human rights and discrimination cases, commercial, migration, native title, appeals and many constitutional matters.

Brodie Buckland, Counsel Assisting
Called to the ACT Bar in July 2015, Brodie has experience in a range of matters including administrative review (including revenue and valuation matters as well as judicial review applications), medical negligence commercial matters (including partnership disputes and insolvency), professional negligence and disciplinary matters. In 2012, Brodie represented Australia at the 2012 London Olympic Games, placing fifth in the Men’s Pair with James Marburg. Brodie graduated with a BA in History from Harvard University, a Diploma in Legal Studies from the University of Oxford and a Juris Doctor from the Australian National University, where he was awarded the King and Wood Mallesons Prize for Legal Studies.

Tom Colwell from the Australian Government Solicitor
Tom is a lawyer in the Law Enforcement team, Dispute Resolution Group within the Australian Government Solicitor. He graduated with degrees in law and journalism from La Trobe University and has a background in public and administrative law, information protection law (including Freedom of Information and privacy), civil litigation and dispute resolution.

Government Agencies

Australian Human Rights Commission

Human Rights Commissioner Edward Santow
Edward Santow has been Human Rights Commissioner at the Australian Human Rights Commission since August 2016. Ed leads the Commission’s work on detention and implementing the Optional Protocol to the Convention Against Torture (OPCAT); refugees and migration; human rights issues affecting LGBTI people; counter-terrorism and national security; technology and human rights; freedom of expression; and freedom of religion. Ed’s areas of expertise include human rights, public law and discrimination law. He is a Senior Visiting Fellow at the University of New South Wales (UNSW), and serves on a number of boards and committees, including the Australia Pro Bono Centre. In 2009, Ed was presented with an Australian Leadership Award, and in 2017, he was recognised as a Young Global Leader by the World Economic Forum. From 2010-2016, Ed was chief executive of the Public Interest Advocacy Centre, a leading non-profit organisation that promotes human rights through strategic litigation, policy development and education. Ed was previously a Senior Lecturer at UNSW Law School, a research director at the Gilbert + Tobin Centre of Public Law and a solicitor in private practice.

Civil Society Representative (private capacity)

Australian National University, Prof Kim Rubenstein FAAL FASSA

Professor Rubenstein is an expert in citizenship law and was appointed a consultant to the Commonwealth in its redrafting of Australian citizenship legislation, resulting in the 2007 Act. She was later was a member of the Independent Expert Committee set up to review the Australian Citizenship Test that reported in 2008. In 2012 she was appointed an ANU Public Policy Fellow and was named in the first batch of Westpac '100 Women of Influence' Australian Financial Review awards for her work in public policy. In October 2013 she was awarded the inaugural Edna Ryan award for 'leading feminist changes in the public sphere'. Her research involves engaging with concepts of active citizenship, including two ARC Research Council grants. Professor Rubenstein was the Inaugural Convenor of the ANU Gender Institute in 2011-2012 and for the first semester of 2016 she was Acting Convenor of the ANU Gender Institute. Professor Rubenstein is a Fellow of the Australian Academy of Law and the Australian Academy of Social Sciences. Professor Rubenstein has been a Visiting Professor at Tel Aviv Law School in 2017 and 2018 teaching her comparative Citizenship law course. From October 2018 through until January 2019 Professor Rubenstein was a Lady Davis Visiting Professor at Hebrew University in Jerusalem.

Law Council of Australia

President, Arthur Moses SC
Arthur Moses SC has been practising at the NSW Bar for over 25 years and, in 2008, was appointed Senior Counsel in the State of NSW. He is the immediate past President of the NSW Bar Association and has been a Director of the Law Council since July 2014. He practices in a wide range of areas including administrative law, coronial inquests, corruption inquiries, proceeds of crime litigation, military law, work health and safety prosecutions, employment and industrial law, discrimination, restraints of trade, commercial, equity and appeals in all jurisdictions. Mr Moses regularly appears before the Supreme Court of NSW, the NSW Court of Appeal, the Federal Court, the Full Court of the Federal Court of Australia as well as appellate Courts in other states and territories. He is Squadron Leader in the Royal Australian Air Force Specialist Reserve.

Civil Society Representatives (private capacity)

Australian Strategic Policy Institute, Dr John Coyne
Dr John Coyne is the Head of the Border Security Program at ASPI. John comes to ASPI from the Australian Federal Police, where he worked on transnational serious organised crime, national security, and counter-terrorism. Over the last twenty years he has been an intelligence professional at tactical, operational, and strategic levels across a range of military, regulatory, national security and law enforcement organisations. During this period he has worked extensively in the ASEAN region, delivering a range of bilateral research projects. His more recent work in this area has focused on enhancing multilateral ASEAN information exchange regarding non-traditional illicit commodity flows. John’s PhD examined strategic intelligence in law enforcement targeting transnational serious and organised crime. He has written and published on a range of border security and intelligence issues. He has been a Winston Churchill Fellow and a Vincent Fairfax Fellow. John’s border security research interests include intelligence, private/ public sector cooperation in the border environment and integration of border security operations.

Australian Strategic Policy Institute, Dr Isaac Kfir
Isaac Kfir joined ASPI in August 2017 as the Director of the National Security program and Head of the Counter-terrorism Policy Centre. Isaac received a BA in History with honors from the University of Buckingham (1994) an M.A. from the University of Kent (1995) and a Ph.D. (1999) in International Relations from the London School of Economics and Political Science (LSE) in the UK. He also has a Post-graduate diploma in Law (2000) and a Bar Vocational Course degree from BPP Law School, London, UK. From 1999 to 2005 he was a member of Inner Temple in London. Isaac was an Associate Professor of International Relations at the Institute for International Strategy, Tokyo International University (TIU), Japan (2016-2017). Prior to that posting, he was a Visiting Assistant Professor of Law and International Relations at Syracuse University (2009-2016) where he was also the Associate Director of the Mapping Global Insecurities Project at the Moynihan Institute for Global Affairs, Maxwell School of Citizenship and Public Affairs, Syracuse University (20014-2016). Between 2014 and 2016 he was the Co-Director of the National Security and Counterterrorism Research Centre, 2014-2016 working on foreign fighters with the UN Counterterrorism Executive Directorate on Islamic radicalization. Isaac served as a Senior Researcher, International Institute for Counter-Terrorism, The Interdisciplinary Centre, Herzliya, Israel; and as an Assistant Professor of Political Science and Security Studies, Raphael Recanati International School, The Interdisciplinary Centre (IDC), Herzliya, Israel. At Syracuse University, he taught graduate courses and undergraduate courses on international security, terrorism and national security, peacekeeping, international law, post-conflict reconstruction, European Union politics and law, international relations of the Middle East. Isaac is the author and co-author of many empirical, analytical research studies that have appeared in such journals as Defence Studies, Contemporary Security Policy, Comparative Strategy, and Studies in Conflict & Terrorism on such issues as the Pakistan Taliban, the Islamic State, al-Shabaab, NATO and human security. Using his legal training, Isaac has authored legal studies on post-conflict justice, international refugee law, and national security law. These have appeared in such leading journals as the Netherlands Quarterly of Human Rights and the Texas Journal of Women & the Law.

The University of Sydney, Dr Rayner Thwaites
Dr Rayner Thwaites is an ARC Discovery Early Career Researcher in the University of Sydney Law School. His research project, Conditional citizenship: Revocation’s Implications for Australians (No. DE160101123) is a comparative study of contemporary law on deprivation of citizenship status, focussing on Australia, Canada, New Zealand, the United Kingdom and the United States, and analysing the interaction between domestic and International law on nationality. Rayner joined the Sydney Law School in 2014, having lectured from 2010-13 at Victoria University of Wellington, New Zealand. He has an LLB/BA (Hons) from Melbourne and an LLM and SJD from the University of Toronto. Rayner’s research concerns comparative public law as between common law jurisdictions. His particular interests are the relationship between different disciplines of public law: administrative, constitutional and international law, and between rights instruments and their wider legal context. His main substantive areas of research are citizenship, immigration and national security, and in particular the nexus between them. Rayner is the author of, among other publications, The Liberty of Non-Citizens: Indefinite Detention in Commonwealth Countries (Hart Publishing, 2014). This book examines the legality of the indefinite detention of non-citizens pending deportation. It centres on how the highest appellate courts in Australia, the UK and Canada responded to government claims of a power of indefinite detention. It analyses the way in which the different judicial responses, both within and between jurisdictions, proceed from different understandings of the legal position of non-citizens.