The Attorney General's department website gives the following guidance to the public sector:
"The UN Human Rights Committee has stated that in no case may a person be arbitrarily deprived of the right to enter his or her own country, and that there are few, if any, circumstances in which deprivation of the right to enter a person's own country could be considered reasonable."
It also goes on to state that:
"The United Nations Committee on Human rights has stated that restrictions on freedom of movement should not only serve permissible purposes [namely national security, public order, public health or morals or the rights and freedoms of others]; they must also be necessary and proportionate
Professor Kim Rubenstein is a citizenship law expert, here she explains to ABC's Karina Carvalho why there is no way to challenge Australian's right to return home through the Australian domestic legal system, and thus why FreeAndOpenAustralia.org went to the UN.
The UN has ruled that the Federal Government should allow the return of two stranded Australians who brought their case before the organisations Human Rights Committee. David Lipson interviews Jason. (c) 2021 ABC
Today, the UN has granted our request for interim measures in the application on behalf of Stranded Aussies stuck overseas. Australia has been directed to facilitate and ensure a prompt return for the applicants whilst our case is pending before the Committee. Here's my thoughts.
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