Political and social rights for second country nationals: freedom of movement and citizenship in Australasia

Abstract

Agreements allowing regional freedom of movement inevitably raise questions about the citizenship status and rights of those who exercise regional mobility. In the case of the European Union, such questions have received considerable academic attention, particularly since the creation of European citizenship in 1992. Little attention has been paid to Australasia, where a long-standing freedom of movement agreement, the trans-Tasman Travel Arrangement (TTTA), permits New Zealanders and Australians to live and work indefinitely in each others' country. As the two countries pursue a single economic market, the TTTA has played a central role in facilitating the creation of a regional labour market. Changes to Australian social security and citizenship legislation, however, have meant that many New Zealanders permanently resident in Australia have limited social and political rights, and no access to citizenship. This article extends debates about whether the political and social rights of citizenship ought to be granted to second-country nationals into the Australasian context. It examines a range of arrangements by which citizenship could be protected during the current period of intense economic integration in Australasia, asking which provides the best fit with existing constitutional and political arrangements.

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