Loss of Australian citizenship Australian nationality law

1 loss of australian citizenship

1.1 adult australian citizens acquiring citizenship
1.2 loss of citizenship – children
1.3 naturalised australian citizens
1.4 australian citizens connected burma
1.5 service in armed forces of enemy country
1.6 deprivation of australian citizenship
1.7 ex-citizen visa

loss of australian citizenship

prior 4 april 2002, many australian citizens lost australian citizenship through acquiring citizenship, or being child of parent did so. date onwards, scope lose australian citizenship more limited.

adult australian citizens acquiring citizenship

between 26 january 1949 , 3 april 2002, adult australian lost australian citizenship automatically (section 17 of australian citizenship act 1948) upon acquisition of citizenship voluntary , formal act , following rules:

the age of majority in respect 21 until 30 november 1973, , 18 thereafter,
before 22 november 1984, australian citizenship not lost if acquisition of citizenship took place while person inside australia,
from 22 november 1984, incidental acquisition of citizenship result of activity (such application foreign passport, or foreign residence) did not cause loss of australian citizenship,
loss of australian citizenship still occurred if no oath of allegiance taken other country,
loss of australian citizenship occurred if queen head of state of other country (i.e. commonwealth realm such canada, new zealand or united kingdom),
it not relevant whether acquisition of citizenship reported australian authorities.

section 17 of 1948 act repealed effect 4 april 2002. although repeal not retroactive, since 1 july 2007 former australian citizens lost citizenship because of section able apply resumption of australian citizenship.

loss of citizenship – children

children did not lose australian citizenship virtue of own actions, lose australian citizenship if parent lost australian citizenship:

if child did not have other citizenship, did not lose australian citizenship;
before 22 november 1984 there 1 parent citizenship purposes, father. loss of australian citizenship other parent did not affect child s status
from 22 november 1984 loss of australian citizenship either parent affect child s citizenship. child not lose australian citizenship in circumstance if 1 parent remained australian citizen (or australian citizen @ death).

loss of australian citizenship occurred under section 23 of 1948 act. after repeal of section 17 of act in 2002, section 23 left in place. remains possible australian child lose australian citizenship way. however, since repeal of section 17, less common , in general applies parent deprived of australian citizenship, or renounces australian citizenship under section 18 of act.

under australian citizenship act 2007, in force 1 july 2007, australian child no longer automatically loses australian citizenship based on parent s actions. minister immigration , citizenship has right deprive child of australian citizenship in these circumstances on discretionary basis.

naturalised australian citizens

between 26 january 1956 , 7 october 1958, naturalised australian citizen lost australian citizenship if resident outside australia or new guinea continuous period of 7 years without registering annually declaration of intent retain australian citizenship. occurred virtue of section 20 of nationality , citizenship act 1948 repealed on 8 october 1958. provision had potential create stateless persons.

since 1 july 2007, persons lost australian citizenship because of provision may apply resume australian citizenship, subject being of character.

australian citizens connected burma

burma became independent outside crown s dominions on 4 january 1948. in burma independence act 1948 united kingdom legislated remove british subject status on date from:

any person born in burma father or paternal grandfather born in burma, , neither father nor paternal grandfather born in british territory or british protectorate; and
women married men lost british subject status virtue of above provision.

such persons domiciled in united kingdom or majesty s dependencies given 2 years elect remain british.

australian legislation not updated @ time , hence common law applied. british subjects connected burma lost british subject status under australian law if resident in burma.

as result, british subjects connected burma acquired australian citizenship on 26 january 1949 if resident in australia 5 years @ point.

on 29 july 1950 australian parliament passed nationality , citizenship (burmese) act 1950 removed discrepancy between australian , british law on status of persons connected burma.

as result of act, australian citizenship lost on 29 july 1950 persons had had british nationality removed them under uk legislation in 1948, , persons descended or married such persons.

such persons given until 29 july 1952 (two years date of commencement of act) register declaration of intention remain british subject. if such declaration registered, person deemed never have lost australian citizenship.

service in armed forces of enemy country

section 19 of 1948 act stated: australian citizen who, under law of foreign country, national or citizen of country , serves in armed forces of country @ war australia shall, upon commencing serve, cease australian citizen.

despite being involved in number of armed conflicts since 1949, australia has not declared formal state of war on sovereign nation in period, , hence section 19 has not operated now. has been re-enacted section 35 of 2007 act.

deprivation of australian citizenship

a naturalised australian citizen may deprived of australian citizenship under section 34 of 2007 act in following circumstances:

conviction offences against australian citizenship act 1948 or migration act 1958. these involve fraud in person s citizenship or migration application.
where person receives prison sentence of 12 months or more (in country) offence committed before person s application australian citizenship approved. deprivation of citizenship cannot occur reason if person has no other citizenship.
in december 2015 australian citizenship act 2007 (cth) amended australian citizenship amendment (allegiance australia) act 2015 (cth) introduced 3 mechanisms citizenship may forfeited: renunciation conduct (s 33a); expanded s 35 cover service in declared terrorist organisation; , new power minister cancel citizenship after person convicted of 1 of range of offences, of connected terrorism or treason, , minister satisfied of public interest criteria (s 35a).




the explanatory memorandum makes clear engaging in specified terrorism conduct shows person has acted inconsistently allegiance australia. loss of citizenship said occur operation of law. idea can surrendered operation of law established in australian case law – see example bagnall v white – recent decision of full federal court in szssj v minister immigration , border protection has indicated may difficult courts avoid conclusion administrative decision must made @ point, , minister must hold ultimate responsibility or department s decisions.
the first person deprived of australian citizenship terrorism offences islamic state fighter khaled sharrouf in february 2017 , left lebanese citizenship.



ex-citizen visa

a person ceases australian citizen while physically inside migration zone of australia automatically receives ex-citizen visa under section 35 of migration act 1958.

this visa ceases have effect person leaves australia. should former citizen wish return resident, resident return visa (pdf file) or other permanent visa required.
an ex-citizen visa may cancelled on character grounds , former citizen removed australia. citizenship has been revoked under section 21 of act.




^ australian citizenship legislation amendment act 2002 (cth).
^ australian citizenship amendment (allegiance australia) act 2015 (cth).
^ australian citizenship amendment (allegiance australia) act 2015 - revised explanatory memorandum . parliament of australia. retrieved 31 july 2016. 
^ bagnall v white [1906] hca 52, (1906) 4 clr 89 @ p. 94, high court (australia).
^ szssj v minister immigration , border protection [2015] fcafc 125 @ [83]-[84] (29 june 1906), federal court (full court) (australia).
^ peter lochore, take repudiate 1 s allegiance australia? (2016) 43(2) brief 20-24
^ khaled sharrouf stripped of citizenship under anti-terror laws . australian. 11 february 2017. retrieved 19 february 2017.