Source:Minister for Immigration and Border Protection, Submission 1
Process for the 2016 declaration of Islamic State as a ‘declared terrorist organisation’ under section 35AA of the Australian Citizenship Act 2007
Section 35AA of the Australian Citizenship Act 2007 (Citizenship Act) defines a declared terrorist organisation as any terrorist organisation within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code Act 1995 (Criminal Code) that the Minister for Immigration and Border Protection, by legislative instrument, declares is a declared terrorist organisation for the purposes of the section.
The following processes were undertaken for the purposes of declaring Islamic State as a declared terrorist organisation under the Citizenship Act:
The group referred to as Islamic State was first listed by the Attorney-General pursuant to Division 102 of the Criminal Code in 2005 under the Arabic name it formerly used, Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn. On 11 July 2014, the group was re-listed under its new name of Islamic State, in response to the group’s proclamation of an Islamic caliphate in areas it controls and changed its name to Dawla al-Islamiya, or the Islamic State.
Noting the Attorney-General’s statement for reasons for listing Islamic State, the Department of Immigration and Border Protection prepared a supporting statement by using the same methodology as the Australian Security Intelligence Organisation (ASIO) use, taking into account the additional aspects for citizenship loss: that is it is opposed to Australia or Australia’s interests, values, democratic beliefs, rights or liberties. The supporting statement was developed in consultation with Attorney-General’s Department and corroborated by ASIO.
On 12 April 2016, the Australian Government Solicitor (AGS) Special Counsel provided written advice to the Department that the Minister for Immigration and Border Protection could, on the basis of the supporting statement, be satisfied on reasonable grounds that the matters at subsection 35AA(2) of the Citizenship Act have been met in relation to Islamic State.
Following consideration of the Department’s supporting statement with respect to Islamic State, and to legal advice from AGS Special Counsel, the Minister for Immigration and Border Protection signed a statement confirming that he is satisfied on reasonable grounds that Islamic State is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act or advocating the doing of a terrorist act; and is opposed to Australia or to Australia’s interests, values, democratic beliefs, rights or liberties so that if a person were to fight or be in the service of such an organisation the person would be acting inconsistently with their allegiance to Australia.
The Minister for Immigration and Border Protection also signed and made the Australian Citizenship (Declared Terrorist Organisation—Islamic State) Declaration 2016 and approved documentation including an Explanatory Statement.