Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 34

Revocation by Minister--offences or fraud

Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement

             (1)  The Minister may, by writing, revoke a person's Australian citizenship if:

                     (a)  the person is an Australian citizen under Subdivision A or AA of Division 2 (including because of the operation of section 32); and

                     (b)  either of the following apply:

                              (i)  the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code , in relation to the person's application to become an Australian citizen;

                             (ii)  the person obtained the Minister's approval to become an Australian citizen as a result of third-party fraud within the meaning of subsection (8); and

                     (c)  the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.

Citizenship by conferral

             (2)  The Minister may, by writing, revoke a person's Australian citizenship if:

                     (a)  the person is an Australian citizen under Subdivision B of Division 2 (including because of the operation of section 32); and

                     (b)  any of the following apply:

                              (i)  the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code , in relation to the person's application to become an Australian citizen;

                             (ii)  the person has, at any time after making the application to become an Australian citizen, been convicted of a serious offence within the meaning of subsection (5);

                            (iii)  the person obtained the Minister's approval to become an Australian citizen as a result of migration-related fraud within the meaning of subsection (6);

                            (iv)  the person obtained the Minister's approval to become an Australian citizen as a result of third-party fraud within the meaning of subsection (8); and

                     (c)  the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen.

             (3)  However, the Minister must not decide under subsection (2) to revoke a person's Australian citizenship if:

                     (a)  the Minister may revoke the person's Australian citizenship under that subsection only because of the application of subparagraph (2)(b)(ii); and

                     (b)  the Minister is satisfied that the person would, if the Minister were to revoke the person's Australian citizenship, become a person who is not a national or citizen of any country.

Time citizenship ceases

             (4)  If the Minister revokes a person's Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.

Note:          A child of the person may also cease to be an Australian citizen: see section 36.

Serious offence

             (5)  For the purposes of this section, a person has been convicted of a serious offence if:

                     (a)  the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and

                     (b)  the person committed the offence at any time before the person became an Australian citizen.

Migration-related fraud

             (6)  For the purposes of this section, a person obtained the Minister's approval to become an Australian citizen as a result of migration-related fraud if and only if:

                     (a)  at any time, the person was convicted of an offence against:

                              (i)  section 234, 236 or 243, or former section 244 (as in force before its repeal by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 ), of the Migration Act 1958 ; or

                             (ii)  section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code ;

                            that the person committed at any time before the Minister gave the approval; and

                     (b)  the act or omission that constituted the offence was connected with the person's entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia.

             (7)  Subsection (6) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident.

Third-party fraud

             (8)  For the purposes of this section, a person (the applicant ) obtained the Minister's approval to become an Australian citizen as a result of third-party fraud if and only if:

                     (a)  at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the Criminal Code , that the other person committed at any time before the Minister gave the approval; and

                     (b)  the act or omission that constituted the offence was connected with the Minister approving the applicant becoming an Australian citizen.

Charge proved but no conviction

             (9)  A reference in this section to a conviction of an offence:

                     (a)  in relation to a law of the Commonwealth--includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and

                     (b)  in relation to a law of a State or Territory or a foreign country--includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback