Loss of Australian Citizenship

Last updated 30 September 2024

Renunciation of citizenship

Renunciation of Australian citizenship is possible in limited circumstances. An Australian citizen who is 18 years or older and is a national or citizen of a foreign country may make an application to the minister renouncing Australian citizenship. At the time the application is approved by the minister, the person ceases to be an Australian citizen (ss 33(1), 33(8) Australian Citizenship Act 2007 (Cth) (Australian Citizenship Act)).

If the person would become stateless upon renunciation, the minister must not grant approval. If the person is a citizen of a country with whom Australia is at war, the minister may not grant approval (ss 33(4)–33(7) Australian Citizenship Act).

An Australian citizen who was born or is ordinarily resident in a foreign country, and cannot become a national or citizen of that country while remaining an Australian citizen, may also renounce citizenship (s 33(3) Australian Citizenship Act). The minister must not register a declaration renouncing citizenship if it is considered not to be in the interest of Australia (s 33(6) Australian Citizenship Act).

Loss of citizenship by revocation

The minister has power to revoke Australian citizenship of any person who received such citizenship by application and conferral and who, under s 34 of the Australian Citizenship Act, has either:

been convicted of having made a false statement or concealed a material circumstance in connection with their application for citizenship
obtained the approval to become an Australian citizen as a result of migration-related fraud
received approval connected with the migration-related fraud of a third party,

and the minister is satisfied that it is against the public interest for that person to continue to be an Australian citizen. The above also extends to fraud connected with the person’s entry into Australia or grant of visa where that fraud was material to the person becoming a permanent resident.

Where citizenship is obtained through conferral, the minister may also exercise this power of revocation against a person convicted of any offence and sentenced to at least 12 months imprisonment, provided the offence was committed before the grant of Australian citizenship. The Australian Citizenship Act also provides that where all responsible parents or guardians of a child (i.e. someone aged under 18 years) cease to be Australian citizens, other than by their death, and the child has another citizenship, then the minister may, in writing, revoke the child’s Australian citizenship (s 36 Australian Citizenship Act).

Cessation of citizenship

If a person is convicted of one or more serious offences and been given sentence(s) amounting to at least three years, the minister can apply for an order, asking the court to include cessation of their citizenship as part of their sentence(s). An order can only be made where the cessation would not render the person stateless. Section 36C of the Australian Citizenship Act sets out the range of considerations for courts when considering making an order.

Resumption of citizenship

In some circumstances, a former citizen may resume citizenship that has been lost (ss 29–32 Australian Citizenship Act).

Citizenship appeal rights

An applicant has a right under s 52 of the Australian Citizenship Act to have the Administrative Review Tribunal review the minister’s decision in a range of citizenship decisions, including where the minister: