Australian authorities are grappling with the dilemma of whether to allow the return of women and children allegedly associated with the Islamic State (IS) group. While officials are hesitant to welcome them back, the legal criteria necessary to prevent them from obtaining passports have not been met.

A group of 34 individuals, consisting of women and children linked to Australians who joined IS in the Middle East, have been attempting to return home from a Syrian refugee camp. Despite their connections to the terrorist organization, these individuals hold the right to Australian passports as citizens.

However, in a recent development, one of the women has been slapped with a temporary exclusion order. This measure bars her from re-entering Australia for up to two years, highlighting the government’s cautious approach.

Home Affairs Minister Tony Burke clarified that, to date, security agencies have not provided any recommendations that would prevent the issuance of travel documents to this group. Speaking on ABC’s Insiders program, Burke stated, “There’s been no advice from ASIO that the Passports Act provisions have been activated.”

He further explained that, based on the available information, imposing additional temporary exclusion orders has not been deemed the most effective strategy for ensuring the safety of Australians.

“On the information that we have, the best way to protect Australians has not involved any further temporary exclusion orders.

“We don’t want them to come back … we’re actively making sure we do nothing to help them.”

The 34-strong cohort was not a coherent group, Burke added, but enough information was available to issue the single exclusion order.

“We know the different individuals, we know the state of mind and effective ideology of different individuals,” he said. “Our agencies have been following them for a long time.”

The minister noted a majority of the cohort were born in Australia and he confirmed state and federal agencies had been working together to mitigate any potential risks from their return.

Burke also rejected claims made in a report in the Sunday Telegraph asserting that official preparations were underway for the cohort’s return.

“In that report, it makes a claim that we are conducting a repatriation. We are not,” Burke said.

“It claims we have been meeting with the states for the purposes of a repatriation. We have not,” Burke added.

Prime Minister Anthony Albanese said the government was not in contact with any member of the cohort, but he threatened charges would apply if they came back to Australia.

“Australian citizens have rights and they also have responsibilities, and those responsibilities mean that the Australian government, like with anyone else, will apply the full force of the law to anyone who has broken Australian law,” he told Sky News.

“Is Australia providing repatriation, which did occur in 2019 and 2022? No is the answer to that.”

Labor has been under pressure from the opposition to block the entire group from entering Australia, however Albanese said his government was operating under laws introduced by the Coalition.

“When it comes to the issue of citizenship, that has rights as well under our constitution,” the prime minister said. “There are issues there and the Coalition know that is the case.”

Opposition defence spokesman James Paterson reiterated that the government should do more to stop the cohort’s arrival.

“It is very clear that the government can refuse a passport to an Australian citizen if they receive advice from a competent authority like ASIO or the AFP if a person is a threat to security,” he said. “Denying their passport would deal with that threat to security.”

The granting of a temporary exclusion order to one of the cohort meant further orders could be granted, Paterson added. “Those powers need to be used and this government seems very reluctant to use them,” he said.

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