Can Australian Citizenship be Revoked?

Ever wonder why many people want to be Australian citizens? Well, it’s because of the privileges and opportunities that come with citizenship.

Australian citizens can apply for an Australian passport and generally return to Australia freely. They can apply for jobs in the Australian Public Service or Australian Defence Force and may qualify for government services where the relevant eligibility requirements are met. Above all, Australian citizens have the right to live in Australia, subject to the limited citizenship cessation and revocation provisions prescribed by law.

Australian citizenship is the highest form of representation and commitment to Australia. It stands for full allegiance to everything Australia stands for, from the values to the way of life.

However, in rare and specific cases, a person’s Australian citizenship may be revoked by the Minister or cease following an order made by a court.

So, can your own Australian citizenship be revoked? Yes, and we’ll dive into the details in this article.

Can Your Australian Citizenship Be Revoked?

Yes. Under the Australian Citizenship Act 2007, Australian citizenship can cease in several specific circumstances. These include voluntary renunciation; revocation involving prescribed offences or fraud; failure to comply with certain special residence requirements; limited circumstances involving the child of a responsible parent; and a citizenship cessation order made by a court following conviction for specified serious offences.

Some but not all of these provisions prevent the removal of citizenship where doing so would leave the person stateless. The precise statelessness safeguard depends on the particular legal ground. Therefore, citizenship revocation is not simply limited to dual citizens, and every case must be assessed under the relevant section of the Act.

Let’s closely examine the main ways in which Australian citizenship could potentially be revoked, cease, or be given up.

Fraudulent Application or False Information

One circumstance in which citizenship may be revoked is where it was obtained following specified fraud or offences connected with the citizenship application.

For citizenship obtained by conferral, section 34 of the Australian Citizenship Act allows the Minister to consider revocation where specified legal requirements are satisfied. These grounds can include a conviction for certain false or misleading statement offences connected with the citizenship application, a qualifying serious offence committed before citizenship was obtained, migration-related fraud, or third-party fraud.

Migration-related fraud has a specific statutory meaning. It generally involves a conviction for one of the Migration Act offences prescribed by section 34 and a connection between that fraud, the person’s migration history and the approval of citizenship. Using a false identity or forged documents may have serious consequences, but the statutory requirements must still be established.

Revocation is not automatic. The Minister must also be satisfied that it would be contrary to the public interest for the person to remain an Australian citizen. The requirements and statelessness protections differ according to the particular revocation ground.

Be warned, the Australian Government takes citizenship integrity very seriously. Providing false or misleading information or obtaining citizenship through qualifying fraud can place citizenship at risk.

Threat to National Security

Australian citizenship may also cease following conviction for one or more serious offences specifically listed in section 36C of the Australian Citizenship Act 2007.

Under the current law, the Minister does not personally terminate citizenship merely because the Minister believes a person has abandoned their allegiance to Australia. Instead, the Minister may apply to a court for a citizenship cessation order.

The court may consider making an order where:

• The person has been convicted of one or more serious offences specifically prescribed by section 36C;
• The court has decided to impose at least three years’ imprisonment, whether as a single period or qualifying periods totalling at least three years;
• The court is satisfied that the conduct demonstrates that the person has repudiated their allegiance to Australia; and
• The court is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.

The prescribed offences include identified terrorism, treason, espionage, foreign-incursion and other national-security offences. Citizenship cannot cease merely because someone is perceived to have acted against Australian values. A qualifying conviction and all other statutory requirements are necessary.

The court must not make a citizenship cessation order if it is satisfied that doing so would leave the person without the nationality or citizenship of any country.

Other Grounds for Revocation

Citizenship may also be revoked in limited circumstances under section 34A where a person became a citizen following the Minister’s exercise of particular special residence powers and subsequently failed to meet the associated residence or presence undertaking.

In some circumstances, the Minister may also revoke the citizenship of a child under 18 when a responsible parent ceases to be an Australian citizen under section 33, 34 or 34A. Important protections apply, including protections involving another responsible parent who remains an Australian citizen and protection against statelessness.

Consequences of Citizenship Revocation or Cessation

Once your Australian citizenship has ceased, you can no longer enjoy the unique privileges and protections that come with being an Australian citizen. This may include losing the ability to hold or renew an Australian passport, return to Australia as a citizen, vote as an Australian citizen, seek consular assistance as a citizen, or register eligible children as citizens by descent.

Loss of Australian citizenship does not itself mean immediate and automatic deportation. The person’s resulting immigration status, any visa held or granted by operation of law, and any detention or removal consequences must be considered separately under migration law.

For example, a person whose application to renounce citizenship is approved while they are in Australia automatically becomes the holder of an ex-citizen visa. That visa permits them to remain in Australia but does not permit them to leave and re-enter Australia on that visa. Other citizenship cessation circumstances may have different consequences.

Statelessness protections also depend on the particular ground for cessation or revocation. It is therefore incorrect to assume that every person who holds only Australian citizenship is immune from every revocation provision.

Can a Revocation Decision Be Reviewed?

Certain decisions to revoke Australian citizenship may be reviewed by the Administrative Review Tribunal. Whether a decision is reviewable, who can apply and the applicable deadline depend on the decision and relevant legislation.

The decision letter should explain any review rights and time limit. Citizenship review applications usually need to be lodged within 28 days after notification, although the exact deadline in the decision letter should always be followed. The ART may have power to extend time for some citizenship reviews, but an extension is discretionary and should never be assumed.

Court-ordered citizenship cessation under sections 36B and 36C is different from ministerial revocation and may involve rights of appeal through the courts. Immediate legal advice is important in either situation.

Preventing Revocation

The best way to protect your Australian citizenship is to follow the legal procedures. Obtain your citizenship in the right, honest way.

Be transparent when you’re applying and disclose all necessary information, including information that may be unfavourable to your application.

Seek assistance from an Australian immigration lawyer or registered migration agent so you can fully understand the legal application process.

If you have criminal convictions, be truthful about them, as lying will not help you gain citizenship appropriately.

Secondly, ensure your actions adhere to Australian law.

Do not involve yourself in conduct that threatens national security, such as terrorism or foreign interference. Uphold your allegiance to Australia through lawful behaviour within and outside the country.

If you are concerned about information provided in a citizenship application or conduct that may affect your citizenship, obtain individual legal advice rather than assuming that citizenship is automatically secure or will automatically be revoked.

Can You Lose Your Australian Citizenship Voluntarily?

Yes, you can. Australian citizens can apply to give up or renounce their citizenship. However, you must complete the required application, apply to the Minister and wait for approval. Renunciation is not automatic upon submitting the application.

The Minister cannot approve the renunciation if it would leave you stateless. Immediately before approval, you must already be a national or citizen of another country or become one immediately after approval. Section 33 also contains a limited pathway for certain people born or ordinarily resident overseas who cannot acquire that country’s nationality while they remain Australian citizens.

You must provide evidence that satisfies the government that you will not be left stateless.

And take note, renouncing citizenship has serious and potentially lasting consequences. Your Australian citizenship will not be automatically restored if circumstances later change. However, some former citizens may be eligible to apply to resume Australian citizenship or may be able to apply through another citizenship pathway. Approval is not guaranteed.

So, think very carefully before taking steps to voluntarily renounce your Australian citizenship. In most cases, unless you already hold another citizenship or will acquire it immediately upon approval, renunciation cannot be approved.

Ask for the help of an immigration lawyer before commencing any renunciation application.

Conclusion

It’s a special privilege to be an Australian citizen; thus, it should be highly valued and maintained. You can do that by embracing the laws and values of Australia.

To avoid any issues with your citizenship, be diligent and genuine with your application. Once you’ve become a full-fledged Australian citizen, sustain your loyalty and allegiance by embodying Australian values and complying with Australian law.

If you have questions about your citizenship, we’re here to help. The immigration lawyers at Parish Patience can guide you through the legal process of applying for, renouncing or responding to the possible revocation of Australian citizenship.

The law in this area is complex, and the consequences can be serious. Obtain advice based on your individual circumstances before taking action.