Judicial review of decisions to strip terror-suspect dual nationals of their Australian citizenship will not cover the substance of the cases.
Immigration Minister Peter Dutton will bring a bill granting him the power to deal with dual-national Australians supporting terrorist groups such as Islamic State to parliament within weeks.
Judicial oversight and whether the laws could render someone stateless could be sticking points when the bill is debated.
Mr Dutton said on Friday when asked whether judicial review would not relate to the substance of the case against the suspect: “You’re right and the government’s not going to have the court second-guessing ministerial decisions, as we don’t in relation to other areas of law.
“We’ll do whatever is within our power to keep people safe from terrorism.”
The laws will also have a prospective or starting date, meaning they could apply to people who head off to support IS before the bill is passed.
Mr Dutton said ministerial discretion, rather than the courts, would enable more nuanced decisions to be made.
He compared the hypothetical cases of a 17-year-old who murders people in the name of IS and a teenager who has gone to Syria or Iraq and come back because they “got cold feet before they went into the theatre of war”.
“We have to make a decision about whether or not you would apply the same outcome, stripping of citizenship, to both of those young men in that circumstance,” Mr Dutton said.
“If your argument is that … it should be mandated that if somebody goes there in the name of ISIL, regardless of the circumstances, they still come within the act of being involved in terrorism, by their association, or because they are a party to that particular act, I think that is problematic.”