Wednesday 8 June 2022 11:31 PM Ben Fordham slams terrorist court decision as accused ISIS member may be ... trends now
Ben Fordham has slammed a High Court's decision to reinstate the citizenship of suspected terrrorist.
The 2GB Radio host said the case is Prime Minister Anthony Albanese's first 'major test' with two dual-nationality Australians set to return home after the court found powers used by the government to cancel them were unconstitutional.
Turkish-Australian Delil Alexander, 35, is in jail in Syria after his Australian citizenship was removed on July 2 last year. The identity of the second person is unknown.
Australian intelligence say Alexander travelled to the country to join terror group ISIS, before being arrested by Kurdish forces after the organisation fell.
'Have we gone mad? Anyone with links to this terrorist group has no place in our country,' Fordham said on Thursday.
'This lunatic, because he's never faced trial in Australia, and only committed terrorism overseas, we can't strip his citizenship.'
Alexander's lawyers argued the Sydney-born man was in danger of 'serious human rights violations' including torture while imprisoned in Syria.
A majority of the High Court found on Wednesday the citizenship stripping powers legislated by the former coalition government were invalid.
The court found it gave the former home affairs minister 'the exclusively judicial function of adjudging and punishing criminal guilt'.
Fordham said the decision was 'disgraceful' and putting Australian lives at risk.
'The court has ruled in favour of a man who was involved in a group who were planning to execute an innocent Aussie and chop off his head,' the 2GB host said.
'Let me say that again. The High Court, has backed the bloke, involved with Islamic State, part of a cell that wanted to execute an innocent Australian and behead them.'
The High Court of Australia (pictured) found the laws that gave the former home affairs minister power to cancel citizenship of a dual national had 'punitive character' and was unconstitutional
In 2018, Labor criticised the law change as likely to be found to be in breach of the constitution.
Two judges found the laws had a 'punitive character', conferring power on the minister 'to cease citizenship as a sanction for past conduct, akin to historical forms of punishment, with significant consequences for the individual', a summary of the judgment said.
However, it was found the section of the Citizenship Act giving the minister the power was supported by the constitution's 'aliens power'.
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