There are several ways that a dual citizen may cease to hold Australian citizenship. For a full list of these see section 32A of the Australian Citizenship Act 2007 (Cth). Not all of these require a conviction and in some instances having engaged in certain conduct in itself will lead to automatic cesssation of citizenship.
Conviction for terrorism offences and certain other offences:
- they have been convicted of certain offences#; and
- sentenced to a term of imprisonment of at least 6 years (or terms that total at least 6 years); and
- they are a dual national; and
- the Minister is satisfied that the conduct of the person demonstrates that they have repudiated (rejected) their allegiance to Australia; and
- the Minister is satisfied that it is not in the public interest for the person to remain an Australian citizen.
#The relevant offences are:
- Engaging in international terrorist activities relating to explosives and lethal devices [Division 72 Subdivision A of the Criminal Code Act 1995 (Cth)]
- Treason [section 80.1 of the Criminal Code Act 1995 (Cth)] or Materially assisting the enemy [section 80.1AA]
- Espionage [see section 91.1 of the Criminal Code Act 1995 (Cth)]
- Terrorism offences [see Part 5.3 of the Criminal Code Act 1995 (Cth)]
- Offences relating to foreign incursions (invasions) and recruitment [see Part 5.5 of the Criminal Code Act 1995 (Cth)]
- Treachery [section 24AA of the Crimes Act 1914 (Cth)] or Sabotage [section 24AB of the Crimes Act 1914 (Cth)]
- Engaging in (or preparation for engaging in) foreign incursions [see sections 6 and 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth)]
No distinction is made between individuals who obtained their citizenship by application and those who obtained it by birth (descent) so the law applies in either case [s 35A(3)].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.