Senate debates Bills

Australian Citizenship Amendment (Allegiance to Australia) Bill 2015; In Committee


Nick McKim

Nick McKim Tasmania, Australian Greens

7:01 pm

Thank you again, Attorney. So the standard of proof would be balance of probabilities but I think you have just said—and I know you will correct me if I have misapprehended you—that the remedy sought would be an injunction against the issuing of the notice. But would that then constitute a restoration of the citizenship—because of course it is not the issuing of the notice that removes the citizenship; it is the conduct itself that removes the citizenship.

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