The federal government is expected to change laws designed to deport convicted terrorists following an embarrassing High Court defeat.
Abdul Nacer Benbrika, who once planned to run a training camp for terrorists at Ocean Grove, successfully challenged former home affairs minister Peter Dutton’s right to cancel his citizenship, arguing the controversial law effectively gave the then-minister judicial powers.
In a majority ruling, the High Court declared the law was invalid because it breached the separation of powers under the Australian constitution.
The decision means Benbrika, who has been an inmate at Lara’s top-security Barwon prison for the last 18 years, could be allowed to walk free just days before Christmas.
The opposition has vowed to work with the government to introduce new legislation to fix the “error” in the existing law.
“If indeed there has been a flaw in the legislation, then it makes it even more important that the government acts, and acts quickly,” said deputy Liberal leader Susan Ley.
She said the Coalition would back any new legislation “sight unseen”, provided it is approved by Australia’s national security agencies.
“The High Court has issued its ruling and now it is up to Anthony Albanese to respond and to tell Australians what he will do,” Ms Ley said.
The Prime Minister said the ruling would be examined and his government would “respond appropriately”.
Benbrika was convicted in 2009 over a series of plots to attack Melbourne landmarks, including the MCG on Grand Final day.
He was sentenced to 15 years and was due for release at the end of 2020, but has remained in detention after Mr Dutton intervened while he was Home Affars minister.
He is now due for release on December 23, unless the federal government applies for an extended supervision order.
