Immigration and Citizenship

One of the defining features of State counter-terrorism responses to the foreign terrorist fighters phenomenon has been the enactment and amendment of immigration and citizenship laws. This chapter examines Australia and the UK&s;s legislative attempts to prevent potential foreign terrorist fighters from departing the relevant jurisdiction, as well as the legislative measures introduced to prevent suspected foreign terrorist fighters from returning home. The primary means by which the Australian and UK Parliaments have sought to prevent suspected foreign terrorist fighters from travelling overseas is through the enactment of new legislation and the amendment of existing legislation relating to passports and travel documents. There are three categories of persons whose return the Australian and UK Governments have sought to restrict: foreign nationals; foreign terrorist fighters who hold either sole or dual citizenship; or, foreign terrorist fighters&s; families. The chapter discusses these categories in detail.