A group of four Australian women and nine children with alleged links to the Islamic State landed in Australia on 7 May 2026, after more than a decade overseas and years in Syrian refugee camps. The Australian Federal Police has said some of them will be arrested and charged on arrival. Others will keep being investigated.
It is the kind of news that prompts an obvious question: if the government has security concerns about these people, why doesn't it just stop them from coming back?
The short answer is that Australian law gives citizens a strong right to come home, and the tools the government has to delay or block a citizen's return are deliberately narrow.
Why citizens have a right to come home
If you are an Australian citizen, you have a right to enter Australia that the government cannot easily take away. The Home Affairs Minister put it bluntly in this case: there are “very serious limits” on stopping a citizen returning to their country.
The two tools the government does have
Two specific levers are available where there are security concerns about a citizen returning.
A Temporary Exclusion Order lets the Home Affairs Minister, under a 2019 counter-terrorism law, temporarily prevent an Australian citizen aged 14 or over from coming back, for up to two years at a time, where there are reasonable grounds to suspect that doing so would help prevent a terrorist act. It is a delay, not a permanent ban — and it does not affect the person’s citizenship.
Passport cancellation is a separate power, allowing the Foreign Affairs Minister to cancel an Australian’s passport on national security grounds where ASIO suspects the person could engage in conduct that puts Australia or another country at risk. Cancelling a passport does not stop a citizen from coming home — they are still entitled to travel documents to return — but it stops them from travelling internationally on Australian travel documents.
So both tools exist. Neither is a magic switch that lets the government turn off a citizen’s right to come home.
Can their citizenship just be taken away?
Not without a court being involved. Alexander v Minister of Home Affairs [2022] HCA 19.
It was decided that only a judicial process can revoke citizenship despite terrorist activities. Section 36B, which allows the Minister for Home Affairs to revoke citizenship from dual citizens, was declared unconstitutional.
For a few years from 2015, dual nationals could lose Australian citizenship by a Ministerial decision in some terrorism-related circumstances. In a 2022 case, the High Court said that it was not allowed — taking citizenship away as a punishment is the kind of decision a court has to make. The government has since changed the law to provide a court-based pathway for citizenship to be taken away after particular convictions.
The practical effect is that the government cannot simply revoke a returning citizen’s citizenship to stop them from coming back.
What charges might follow on arrival?
For an Australian who has spent time in a conflict zone in circumstances that look like involvement with a listed terrorist organisation, the most direct legal exposure is under Australia’s terrorism laws — including offences for being a member of, supporting, or associating with a terrorist organisation, and entering or remaining in a “declared area” without a legitimate reason.
The AFP has signalled in this case that members of the cohort may also face charges that go beyond terrorism, including crimes against humanity offences such as engaging in slave trading. Those charges sit in the part of the Criminal Code that covers genocide, war crimes, and crimes against humanity, and they cover slavery and other inhumane acts committed as part of a widespread or systematic attack on civilians.
ASIO has said it is not “concerned immediately” about the return, but it will be watching, and an adverse ASIO assessment can affect a person’s citizenship, visa, and travel-document position for the rest of their life.
What about the children?
The children are in a different position than the adults.
Where a child is born overseas to at least one Australian parent, they may be eligible for Australian citizenship by descent. For returning children, the response is not a criminal one. Public reporting indicates returning children typically receive psychological and therapeutic support and are placed in community-integration and countering-violent-extremism programs. The thinking behind that approach is straightforward: children raised in conflict zones are, in important respects, victims of decisions they did not make.
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At Rocket & Ash Immigration Law, we specialise in helping partners, businesses, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you are dealing with a citizenship issue, an adverse security assessment, a temporary exclusion order, or a complex character matter, our experienced team can help.
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Written by Upasna Talwani, Senior Solicitor, Legal Practitioner Number: 5510082
This article does not constitute legal/financial advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.