Alien or Australian? The Involuntary Deprivation of Citizenship for Repudiation of Allegiance to Australia under Section 51(xxix) of the Constitution

The High Court handed down a trio of cases in 2022–23 regarding ministerial powers to involuntarily deprive an Australian citizen of their citizenship. In the first of these decisions, Alexander v Minister for Home Affairs, the Court considered that the aliens power in section 51(xix) of the Constitution was capable of supporting laws providing for involuntary citizenship deprivation in response to a citizen’s conduct. This article challenges that suggestion. I argue that an Australian citizen’s allegiance to Australia cannot be unintentionally repudiated by their conduct. Thus, a citizen’s conduct alone cannot render them an alien, at risk of losing their citizenship pursuant to a law supported by the aliens power. Ultimately, this view posits a more enduring concept of Australian citizenship.