Australian Immigration Daily News

Bill concerning changes to the Australian Citizenship Act has been released.   Below is a summary of the proposed changes which are currently debated at second reading in parliament.

Section 2A

Provides examples of where it is appropriate for the minister to revoke citizenship

If you did not automatically become an Australian citizen, the Minister can revoke your citizenship in certain circumstances (for example, where there has been fraud or misrepresentation or where you have committed certain offences).

Section 3

Clarifies English language requirements

a person has competent English in the circumstances determined under paragraph 21

Section 12 – Citizenship by birth

Removes privileges/exemptions for children to become citizens at the age of 10. 

Paragraph (1)(b) does not apply to a person born in Australia if, at any time during the 10‑year period referred to in that paragraph, a parent of the person was entitled to any privileges or immunities under any of the following Acts:

                     (a)  the Diplomatic Privileges and Immunities Act 1967;

                     (b)  the Consular Privileges and Immunities Act 1972;

                     (c)  the International Organisations (Privileges and Immunities) Act 1963;

                     (d)  the Overseas Missions (Privileges and Immunities) Act 1995.

Section 16 – Citizenship by descent

Applicants for Citizenship by descent must be of good character:

• In recognition that children under the age of 18 may be of serious character concern, the age limitation of 'over 18' is removed from the requirement to be of good behaviour. Good character is required regardless of age.

Section 17 – Cancellation Powers

Three types of cancellation identified:

Mandatory cancellation

             (1)  The Minister must, by writing, cancel an approval given to a person under section 17 if:

                     (a)  the person has not become an Australian citizen under section 32AD; and

                     (b)  assuming that the Minister were considering the person’s application to become an Australian citizen at the time of the proposed cancellation, the Minister is satisfied that the person would not be given an approval under section 17 because of subsection 17(3), (4) or (4A).

Discretionary cancellation—person would no longer be given approval

             (2)  The Minister may, by writing, cancel an approval given to a person under section 17 if:

                     (a)  the person has not become an Australian citizen under section 32AD; and

                     (b)  assuming that the Minister were considering the person’s application to become an Australian citizen at the time of the proposed cancellation, the Minister is satisfied that the person would not be given an approval under section 17 (other than because of subsection 17(3), (4) or (4A)).

Discretionary cancellation—failure to make a pledge of allegiance

             (3)  The Minister may, by writing, cancel an approval given to a person under section 17 if:

                     (a)  the person has not become an Australian citizen under section 32AD; and

                     (b)  the person has failed to make a pledge of allegiance within 12 months after the day on which the person received notice of the approval; and

                     (c)  the person’s reason for the failure is not one that is prescribed by the regulations for the purposes of this paragraph.

Section 19 – This section provides further guidance when it is appropriate for the minster not to approve a citizenship application:

Offences

          (7B)  The Minister must not approve the person becoming an Australian citizen at a time:

                     (a)  when proceedings for an offence against an Australian law (including proceedings by way of appeal or review) are pending in relation to the person; or

                     (b)  when the person is confined to a prison in Australia; or

                     (c)  during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or

                     (d)  if the person is a serious repeat offender in relation to a serious prison sentence—during the period of 10 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition of that sentence; or

                     (e)  if the person has been released from serving the whole or a part of a sentence of imprisonment on parole or licence—during any period during which action can be taken under an Australian law to require the person to serve the whole or a part of that sentence; or

                      (f)  if the person:

                              (i)  has been released by a court from serving the whole or a part of a sentence of imprisonment; and

                             (ii)  has been so released subject to conditions relating to the person’s behaviour;

                            during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (g)  if, in respect of proceedings for an offence against an Australian law in relation to the person, a court releases the person subject to conditions relating to the person’s behaviour—during any period during which action can be taken against the person under an Australian law because of a breach of any of those conditions; or

                     (h)  during any period during which the person is confined in a mental health care facility by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (i)  when the person is subject to an order of a court for home detention, where the order was made in connection with proceedings for an offence against an Australian law in relation to the person; or

                      (j)  when the person is subject to an order of a court requiring the person to participate in:

                              (i)  a residential drug rehabilitation scheme; or

                             (ii)  a residential program for persons with a mental illness; or

                            (iii)  any other residential scheme or program;

                            where the order was made in connection with proceedings for an offence against an Australian law in relation to the person.

Section 21 - Residency Requirement

For citizenship by conferral, applicants will be required to have been a permanent resident for 4 years immediately before making an application.  The maximum days allowable to be absent from Australia is 365. 

Certain waivers to the residency requirement are listed at section 22. NZ citizens will continue to have citizenship pathway available via subclass 189 visa.

Section 33A and Section 34 – Revocation of Citizenship

Revocation by Minister—approval should not have been given for citizenship by descent

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

                     (a)  the person is an Australian citizen under Subdivision A of Division 2 because of an approval under section 17; and

                     (b)  the Minister is satisfied that the approval should not have been given.

             (2)  However, the Minister must not decide under subsection (1) to revoke a person’s Australian citizenship if 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

             (3)  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.

34  Revocation by Minister—convictions for fraud or misrepresentation etc.

34AA  Revocation by Minister—other cases of fraud or misrepresentation

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

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

                     (b)  the Minister is satisfied that the person obtained the Minister’s approval to become an Australian citizen as a result of fraud, or misrepresentation, connected with:

                              (i)  the Minister approving the person becoming an Australian citizen; or

                             (ii)  the person’s entry into Australia before the Minister gave the approval; or

                            (iii)  the grant to the person, before the Minister gave the approval, of a visa or of a permission to enter and remain in Australia; and

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

             (2)  The fraud or misrepresentation:

                     (a)  may have been committed by any person; and

                     (b)  need not have constituted an offence, or part of an offence, by any person.

             (3)  However, the fraud or misrepresentation must have occurred during the period of 10 years before the day of the revocation.

             (4)  Without limiting subsection (1), the concealment of material circumstances constitutes a misrepresentation for the purposes of that subsection.

Time citizenship ceases

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

For further reading, please view: https://www.legislation.gov.au/Details/C2017B00126, alternatively you are more than welcome to send me your questions: This email address is being protected from spambots. You need JavaScript enabled to view it.