Reasons Why You Could Lose Your Australian Citizenship

Despite popular belief, once someone obtains Australian citizenship it isn’t guaranteed that they will be an Australian citizen forever. One category of losing Australian citizenship is through engaging in conduct that implies a repudiation of allegiance with Australia.

Section 36A of the Australia Citizenship Act 2007 (“the Act”) at “the Parliament recognises that Australian citizenship is common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the shared values of the Australian community, demonstrate that they have severed that bond and repudiated their allegiance to Australia”.

When Will a Person’s Australian Citizenship Cease?

The power to cease a person’s Australian citizenship arises under section 36B of the Act where a person engages in the following conduct while they are outside of Australia:

• Engages in international terrorist activities using explosive or lethal devices;

• Engages in terrorist acts;

• Provides or receives training connected with preparation for, engage in, or assistance in a terrorist act;

• Directs the activities of a terrorist organisation,

• Recruits for a terrorist organisation;

• Finances terrorism or a terrorist;

• Engages in foreign incursions and recruitment;

• Fights for or was in the service of a “declared terrorist organisation”; or

• Serves in the armed forces of a country at war with Australia.

The power to cease a person’s citizenship also arises under section 36D of the Act where a person is sentenced to three years or more for certain types of offences that relate to explosives, lethal devices, treason, sabotage, espionage, foreign interference, terrorism or foreign incursions/recruitment. However, whether or not Australian citizenship actually ceases will also require a consideration of whether the conduct amounts to repudiation or allegiance and whether allowing them to remain in Australia would be in the public interest.

Once, it is found that the person has engaged in any of the above conduct, the following will need to be considered:

First, whether the conduct amounted to repudiation of allegiance to Australia; and

Whether letting the person remain in Australia is in the public interest considering:

1. The severity of the conduct;

2. The sentence;

   • The degree of threat posed to the Australian community;

   • Age of the person;

   • Best interest of any children;

   • Person’s connection to another country;

   • Australia’s international relations; and

   • Any other matter of public interest.

A person’s Australian citizenship cannot cease if they are under 14 years of age and/or if cessation would result in the person becoming stateless. However, the fact that the person had acquired their citizenship by birth, does not preclude it from ceasing.

Changes to the Australian Citizenship Law

The above cessation powers had been inserted into the Migration Act in 2015, however, they had been amended in 2020 by the Australian Citizenship Amendment (Citizenship Cessation) Act 2020. The main difference that the 2020 amendment made was the following:

1. The provisions relating to the cessation for engaging in terrorist activity and/or for being part a terrorist organisation used to automatic, with the Minister having the power to exempt the person from being affected by the cessation provisions. However, after the 2020 amendment, the cessation is discretionary and no person’s citizenship can be automatically renounced.

2. Under the previous version of the laws, if a person’s citizenship ceased due to terrorist activity or being a part of a terrorist group, the cessation would backdate to the time of the conduct occurred, which may have consequences on things like the citizenship status of their children. The 2020 amendments changed it so that a person’s citizenship ceases at the time of the decision.

3. Cessation for engaging in certain offences have become harsher – with the new minimum period of imprisonment being lowered from 6 years to the current 3 years.

How can Agape Henry Crux Help You? 

If you want to find out more, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com. 

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter. 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.