Australian Citizenship Policy Statement as at 8 October 2020

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Table of Contents

1. Purpose 3

2. Scope 3

2.1. In Scope 3

3. Policy Statement 3

3.1. Introduction 3

3.2. Rights and responsibilities of Australian citizenship 3

Rights 3

Responsibilities 4

3.3. Acquiring citizenship automatically 4

3.4. Acquiring citizenship by application 4

Acquiring Australian citizenship by descent 5

Acquiring Australian citizenship for persons adopted in accordance with the Hague Convention on

Intercountry Adoption or a bilateral agreement 5

Acquiring Australian citizenship by conferral 5

Acquiring Australian citizenship by resumption 7

3.5. Ceasing to be an Australian citizen 7

3.6. Evidence of Australian citizenship 8

3.7. Identifying information and personal identifiers 8

3.8. Other matters including providing false statements/representations 8

4. Accountability and Responsibility 9

5. Version Control 9

Attachment A – Related Framework Documents 10

Attachment B – References and Legislation 12

Attachment C – Consultation 13

1.1. Internal Consultation 13

Attachment D – Chronology 14

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1. Purpose

The purpose of this Policy Statement is to provide background in relation to the history of citizenship in

Australia, and a general overview of the Australian Citizenship Act 2007 (the Act).

2. Scope

2.1. In Scope

This Statement outlines the overarching legislative requirements for the process of becoming an Australian

citizen (either automatically or by application), the rights and responsibilities of an Australian citizen, the

circumstances in which a person’s Australian citizenship may cease, evidence of Australian citizenship,

personal identifiers of persons applying for Australian citizenship and other citizenship related matters.

It provides context for the Citizenship Procedural Instructions used by officers when making decisions under

the Act and the Australian Citizenship Regulation 2016 (the Regulation). In particular, this Statement

discusses acquiring Australian citizenship by conferral, as this is the most common way to acquire Australian

citizenship by application.

3. Policy Statement

3.1. Introduction

The Preamble to the Act provides that Parliament recognises that Australian citizenship represents full and

formal membership of the community of the Commonwealth of Australia, and Australian citizenship is a

common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their

diversity.

The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to

accept these obligations:

(a) by pledging loyalty to Australia and its people; and

(b) by sharing their democratic beliefs; and

(d) by upholding and obeying the laws of Australia.

The Act outlines how a person becomes an Australian citizen, the circumstances where a person may cease

to be an Australian citizen and other citizenship related matters.

A chronology of key developments in Australian citizenship law and policy is at Attachment D.

3.2. Rights and responsibilities of Australian citizenship

Australian citizenship is a privilege requiring a continuing commitment to Australia. Australian citizenship is a

common bond, involving reciprocal rights and obligations.

Rights

Australian citizenship includes the right to:

• apply for an Australian passport and re-enter Australia freely;

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• ask for consular assistance from an Australian consulate while overseas;

• vote in federal, state or territory, and local elections;

• vote in a Constitutional referendum or plebiscite;

• seek election to parliament;

• apply for children born overseas to become Australian citizens by descent; and

• apply for a job in the Australian Public Service or in the Australian Defence Force.

Responsibilities

The responsibilities of Australian citizenship include obligations to:

• obey the laws of Australia;

• vote in federal, state or territory, and local elections, and in a Constitution referendum or plebiscite;

• defend Australia should the need arise; and

• serve on jury duty if called to do so.

3.3. Acquiring citizenship automatically

A person can become an Australian citizen automatically.

Subsection 2A of the Act provides a simplified outline of the Act as follows:

The most common way a person can become an Australian citizen automatically, in accordance with this

Act, is by being born in Australia and by having one or both of the person’s parents being an Australian

citizen or a permanent resident at the time of the person’s birth.

There are some other, less common, ways of becoming an Australian citizen under Division 1 of Part 2 of

this Act. These cover:

• citizenship by being born in Australia and by being ordinarily resident in Australia for 10 years

beginning on the day the person is born: see paragraph 12(1)(b) of the Act; and

• citizenship by adoption: see section 13 of the Act; and

• citizenship for abandoned children: see section 14 of the Act; and

• citizenship by incorporation of territory: see section 15 of the Act.

3.4. Acquiring citizenship by application

The other way to become an Australian citizen is by application to the Minister. Division 2 of Part 2 of the Act

covers this.

There are four situations in which a person can apply for Australian citizenship:

• Citizenship by descent (Subdivision A);

• Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption

or a bilateral arrangement (Subdivision AA);

• Citizenship by conferral (Subdivision B); and

• Resumption of citizenship (Subdivision C).

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Acquiring Australian citizenship by descent

A person may be eligible for Australian citizenship by descent (Subdivision A of Division 2 of Part 2 of the

Act) in two situations:

• They were born outside Australia on or after 26 January 1949 and, amongst other things, a parent of

theirs was an Australian citizen at the time of their birth (as per subsection 16(2)(a) of the Act); or

• They were born outside Australia or New Guinea before 26 January 1949 and, amongst other things,

a parent of theirs was an Australian citizen on 26 January 1949 (as per subsection 16(3) of the Act).

The Minister must not approve an application for Australian citizenship by descent on grounds relating to:

• Non-satisfaction of identity (as per subsection 17(3) of the Act);

• National security (as per subsections 17(4) to (4B) of the Act); or

• Cessation of Australian citizenship (as per subsection 17(5) of the Act).

The Minister must not approve an application for Australian citizenship by descent if the applicant meets

either paragraph 16(2)(c) or 16(3)(c) of the Act and is not of good character at the time of the Minister’s

decision.

Refer to CPI 21 - Australian Citizenship by Descent.

Acquiring Australian citizenship for persons adopted in accordance with the Hague

Convention on Intercountry Adoption or a bilateral agreement

A person may be eligible for Australian citizenship under relevant Subdivision AA of Division 2 of Part 2 of

the Act if they were adopted outside Australia by at least one Australian citizen in accordance with:

• The Hague Convention on Intercountry Adoption; or

• A bilateral agreement.

The Minister may be required to refuse an application on grounds relating to:

• Non-satisfaction of identity (as per subsection 19D(4) of the Act);

• National security (as per subsections 19D(5) to (7A) of the Act); or

• Cessation of Australian citizenship (as per subsection 19D(8) of the Act).

Refer to CPI 22 - Australian citizenship by Adoption.

Acquiring Australian citizenship by conferral

There are seven ways a person may be eligible to apply for Australian citizenship by conferral

(Subdivision B of Division 2 of Part 2 of the Act). These include the following situations:

• Persons aged 18 or over who satisfy the general eligibility criteria and successfully complete a

citizenship test as per subsections 21(2) and 21(2A) of the Act. See information below for more

detail, and refer to CPI 1 - Australian Citizenship by Conferral – General Eligibility;

• Persons with a permanent or enduring physical or mental incapacity (as per subsection 21(3) of

the Act). Refer to CPI 2 - Australian Citizenship by Conferral – Permanent or Enduring Physical or

Mental Incapacity;

• Persons aged 60 or over or who have a hearing, speech or sight impairment (as per

subsection 21(4) of the Act). Refer to CPI 3 - Australian Citizenship by Conferral – 60 or over or

Impairment;

• Persons aged under 18 years of age (as per subsection 21(5) of the Act). Refer to

CPI 4 - Australian Citizenship by Conferral – Person under 18;

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• Persons born to a former Australian citizen (as per subsection 21(6) of the Act). Refer to

CPI 5 - Australian Citizenship by Conferral – Person born to former Australian Citizen;

• Persons born in Papua (as per subsection 21(7) of the Act). Refer to CPI 6 - Conferral of Australian

Citizenship - Person born in Papua; and

• Stateless persons (as per subsection 21(8) of the Act). Refer to CPI 7 - Citizenship by Conferral –

statelessness.

General eligibility

In respect of general eligibility, a person is eligible to become an Australian citizen, if the Minister is satisfied

that the person:

• is aged 18 or over at the time the person made the application; and

• is a permanent resident at the time the person made the application and at the time of the Minister’s

decision on the application; and

• satisfies the general residence requirement in section 22 of the Act or the special residence

requirement in sections 22A or 22B of the Act, or satisfies the defence service requirement in

section 23 of the Act at the time the person made the application; and

• understands the nature of the application under subsection 21(1) of the Act; and

• possesses a basic knowledge of the English language; and

• has an adequate knowledge of Australia and of the responsibilities and privileges of Australian

citizenship; and

• is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing

association with Australia if the application were to be approved; and

• is of good character at the time of the Minister’s decision on the application

Circumstances in which the Minister may be required to refuse an application for Australian citizenship by

conferral

The Minister may be required to refuse an application for Australian citizenship by conferral on grounds

relating to:

• Non-satisfaction of identity (as per subsection 24(3) of the Act);

• National security (as per subsections 24(4) to (4C) of the Act);

• Non-presence in Australia (as per subsection 24(5) of the Act);

• Offences (as per subsection 24(6) of the Act); or

• Cessation of Australian citizenship (as per subsection 24(7) of the Act).

Citizenship test

A person who applies under the general eligibility stream must, amongst other things, satisfy that they

understand the nature of the application, possess a basic knowledge of the English language, and

demonstrate an adequate knowledge of Australia and the responsibilities and privileges of Australian

citizenship (paragraphs 21(2)(d),(e) and (f) of the Act).

Relevantly, subsection 21(2A) provides that these criteria are taken to be satisfied if the Minister is satisfied

that the person has sat the citizenship test approved under section 23A (refer to section 23A of the Act for

more information).

Refer to CPI 26 - Australian Citizenship Test.

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Pledge of commitment

If the Minister approves an application for Australian citizenship by conferral, the person, who is required to

make a pledge of commitment, must do so within 12 months after the day on which the person received

notice of approval unless they meet the exceptions outlined under section 26 of the Act.

Applicants for citizenship by conferral are not required to make a pledge of commitment if:

• they were aged under 16 at the time they made their application to become an Australian citizen; or

• they have a permanent or enduring physical or mental incapacity at the time of application, that

meant they were not capable of: understanding the nature of the application at that time, or

demonstrating a basic knowledge of the English language at that time, or demonstrating an

adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at

that time; or

• they lodged their application for citizenship by conferral under provisions relating to persons born to

a former Australian citizen (see subsection 21(6) of the Act), persons born in Papua (see subsection

21(7) of the Act) or on grounds relating to statelessness (see subsection 21(8) of the Act).

Schedule 1 to the Act prescribes two forms in which a person must make the pledge. The person can

choose either form of the pledge. Refer to section 27 of the Act for further information.

Refer to CPI 24 - Pledge of Commitment and Citizenship Ceremonies.

Citizenship ceremonies

The final step in the acquisition of Australian citizenship by conferral, for most people, is to make the pledge

of commitment in public (if it is reasonably practicable to do so) at an Australian citizenship ceremony

(sub regulation 10 of the Regulation). Australian Citizenship ceremonies are public occasions, which fulfil

legal requirements prescribed by the Act and the Regulation. They also provide an important opportunity to

formally welcome new Australian citizens as full members of the Australian community.

At the Australian citizenship ceremony, conferees accept their obligations as an Australian citizen by

pledging their loyalty to Australia, sharing Australia’s democratic beliefs, respecting the rights and liberties of

the people of Australia, and upholding and obeying Australian laws.

Refer to CPI 24 - Pledge of Commitment and Citizenship Ceremonies.

Acquiring Australian citizenship by resumption

Persons may be eligible for Australian citizenship by resumption (Subdivision C of the Act) if they ceased to

be an Australian citizen under the Act or the Australian Citizenship Act 1948 (the 1948 Act).

The Minister may be required to refuse an application for Australian citizenship by resumption on grounds

relating to:

• Non-satisfaction of identity (see subsection 30(3) of the Act); or

• National security (see subsections 30(4) to (7) of the Act).

Refer to CPI 27 - Resuming Australian Citizenship.

3.5. Ceasing to be an Australian citizen

There are currently five ways in which a person can cease to be an Australian citizen (section 32A of the

Act):

• a person may renounce their Australian citizenship: see section 33 of the Act; or

• if a person did not automatically become an Australian citizen, the Minister can revoke that person’s

Australian citizenship in circumstances involving offences or fraud: see section 34 of the Act; or

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• if the person did not automatically become an Australian citizen and the Minister exercised the power

under subsection 22A(1A) or 22B(1A) of the Act, the Minister can revoke that person’s Australian

citizenship in circumstances involving a failure to comply with special residence requirements: see

section 34A of the Act; or

• the person engages in various kinds of conduct inconsistent with allegiance to Australia: see

sections 36B and 36D of the Act (as inserted by the Australian Citizenship Amendment (Citizenship

Cessation) Act 2020; or

• if the person is the child of a responsible parent who ceases to be an Australian citizen, the Minister

can revoke the child’s Australian citizenship in some situations: see section 36 of the Act.

Refer to Division 3 of Part 2 of the Act for further information.

3.6. Evidence of Australian citizenship

Division 4 of Part 2 of the Act contains provisions relating to evidence of Australian citizenship. A person may

apply to the Minister for evidence of their Australian citizenship and the Minister may give the person a notice

stating that the person is an Australian citizen at a particular time (see subsections 37(1) and (2) of the Act).

The notice must comply with requirements under subsection 37(3). Subsection 37(5) clarifies the status of

such notice providing that it is prima facie evidence of the matters in the notice.

The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the

person (see subsection 37(4) of the Act). The Minister may by writing, cancel a notice given to a person

under section 37 (see subsection 37(6) of the Act).

Refer to CPI 30 - Evidence of Australian Citizenship.

3.7. Identifying information and personal identifiers

Division 5 of Part 2 of the Act refers to the requirements relating to requests and provisions of personal

identifiers in relation to obtaining personal identifiers (Subdivision A) and obligations relating to identifying

information (Subdivision B).

The Department must also ensure that the collection, use, and disclosure of personal information under the

Act is consistent with other relevant legislative requirements including the Privacy Act 1988.

Please refer to CPI 16 - Assessing Identity under the Citizenship Act and CPI 29 - Identifying Information and

Personal Identifiers under the Citizenship Act.

3.8. Other matters including providing false

statements/representations

Divisions 1 and 2 of Part 3 of the Act provide for bogus documents, application requirements, notification of

decisions, computerised decision-making, evidence of computer program functioning correctly, offences

relating to false statements or representations, geographical jurisdiction for offences, things seized under the

Crimes Act 1900, search warrants and information about such things, Reports to Parliament, Briefing of the

Parliamentary Joint Committee on Intelligence and Security, review of decisions, Delegations, as well as

authorisation of regulations.

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Attachment A – Related Framework Documents

• CPI 1 - Australian Citizenship by Conferral – General Eligibility - VM-5278

• CPI 2 - Australian Citizenship by Conferral – Permanent or Enduring Physical or Mental Incapacity -

VM-5279

• CPI 3 - Australian Citizenship by Conferral – 60 or over or Impairment - VM-5280

• CPI 4 - Australian Citizenship by Conferral – Person under 18 - VM-5281

• CPI 5 - Australian Citizenship by Conferral – Person born to former Australian Citizen - VM-5282

• CPI 6 - Conferral of Australian Citizenship - Person born in Papua - VM-5283

• CPI 7 - Citizenship by Conferral – statelessness - VM-5284

• CPI 8 - Residence Requirements and Discretions - VM-5285

• CPI 9 - Australian Citizenship by Conferral – Who is a Permanent Resident under the Citizenship Act

- VM-5286

• CPI 10 - Cancellation of Approval and Delay Making the Pledge - VM-5287

• CPI 11 - Assessing likelihood to reside or continue to reside in, or maintain a close and continuing

association with Australia - VM-5288

• CPI 12 - Assessing significant hardship, disadvantage or detriment for the purposes of Australian

citizenship - VM-5289

• CPI 13 - Best interests of the child assessments - VM-5290

• CPI 14 - Who is a responsible parent under the Citizenship Act - VM-5291

• CPI 15 - Assessing Good Character under the Citizenship Act - VM-5292

• CPI 16 - Assessing Identity under the Citizenship Act - VM-5293

• CPI 17 - Decision-making under the Citizenship Act - VM-5253

• CPI 19 - Papua New Guinea - Assessing Citizenship Status - VM-5295

• CPI 20 - New Zealand citizens: residence status and eligibility for Australian citizenship - VM-5296

• CPI 21 - Australian Citizenship by Descent - VM-5297

• CPI 22 - Australian citizenship by Adoption - VM-5298

• CPI 23 - Determining Parent-Child Relationship for the Purposes of the Citizenship Act - VM-5299

• CPI 24 - Pledge of Commitment and Citizenship Ceremonies - VM-5300

• CPI 25 - Australian Citizenship by Operation of Law - VM-5301

• CPI 26 - Australian Citizenship Test - VM-6162

• CPI 27 - Re

suming Australian Citizenship - VM-5303

• CPI 28 - Renunciation of Australian citizenship by application - VM-5304

• CPI 29 - Identifying Information and Personal Identifiers under the Citizenship Act - VM-5308

• CPI 30 - Evidence of Australian Citizenship - VM-5306

• CPI 31 – Historical Provisions - VM-5307

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• CPI 32 - Offences and prosecutions under the Citizenship Act - VM-5310

• CPI 33 - Prohibitions on approval - VM-5309

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Attachment B – References and Legislation

• Nationality and Citizenship Act 1948

• Australian Citizenship Act 1948

• Australian Citizenship Amendment Act 1993

• Australian Citizenship Legislation Amendment Act 2002

• Australian Citizenship (Transitionals and Consequentials) Act 2007

• Australian Citizenship Act 2007

• Australian Citizenship Amendment (Citizenship Testing) Act 2007

• Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009

• Australian Citizenship Amendment (Allegiance to Australia) Act 2015

• Australian Citizenship Regulation 2016

• Australian Citizenship Amendment (Citizenship Cessation) Act 2020

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Attachment C – Consultation

1.1. Internal Consultation

• PPCF Legal Advice Section

• Citizenship Delivery

• Citizenship Operations Section

• Citizenship Program Management Section

• Records Management Section

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already an Australian citizen could acquire the

citizenship of another country without ceasing to be

an Australian citizen.

2007

Australian Citizenship Act 2007

The 1948 Act was repealed and replaced by the

Australian Citizenship Act 2007 (the Act) on 1 July

2007, which is the current Act. The Act introduced a

number of measures relating to national security and

increased the residence requirement before a person

was eligible to become an Australian citizen, from

two years to four years.

2007

Australian Citizenship (Transitionals

and Consequentials) Act 2007

The Australian Citizenship (Transitionals and

Consequentials) Act 2007 was the bridge between

the 1948 Act and the 2007 Act that enabled old

applications to be considered under the new Act.

2007

Australian Citizenship Amendment

(Citizenship Testing) Act 2007

The Australian Citizenship Amendment (Citizenship

Testing) Act 2007 introduced a citizenship test with

effect from 1 October 2007.

The aim of the citizenship test was to encourage

prospective Australian citizens to obtain the

knowledge they need to support successful

integration into Australian society. The citizenship

test requires applicants to demonstrate an

understanding of English and to answer questions

about Australia’s history, culture and values. Prior to

introduction of the citizenship test, understanding of

the English language was assessed at an interview.

2008 Citizenship Test Review Committee

In April 2008, the Government appointed a

Citizenship Test Review Committee to examine

the operation and effectiveness of the citizenship

test.

The Government subsequently agreed to a

substantial number of the recommendations in the

Committee’s report ‘Moving Forward … Improving

Pathways to Citizenship’ for improvements to the

content and administration of the test. The

Government supported the following report

recommendations:

• allow particularly disadvantaged clients, for

example, those with limited written English

skills, but adequate spoken skills, to

undertake a citizenship course-based test as

an alternative to the computer-based test;

and

• revise the resource book into Basic English

by professional educators with experience in

English language tuition, civics and

citizenship education.

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2009

Australian Citizenship Amendment

(Citizenship Test Review and Other

Measures) Act 2009

The Australian Citizenship Amendment (Citizenship

Test Review and Other Measures) Act 2009

implemented various improvements, including

ensuring that vulnerable and disadvantaged people

are not excluded from becoming Australian citizens

because of the citizenship test.

2015

Australian Citizenship Amendment

(Allegiance to Australia) Act 2015

The Australian Citizenship Amendment (Allegiance to

Australia) Act 2015 (the Allegiance to Australia Act)

expanded the bases on which the Australian

citizenship of a dual citizen will cease if the person

acts inconsistently with his or her allegiance to

Australia.

2015 National Consultation on Citizenship

(Australian Citizenship – Your Right,

Your Responsibility)

The 2015 National Consultation on Citizenship

(Australian Citizenship – Your Right, Your

Responsibility) recommended that:

• the citizenship test be retained, revised

and updated, including online and other

means if necessary to include questions

about allegiance and more questions about

the rule of law, values and democratic rights

and responsibilities in the Citizenship test;

• the integrity of the test be strengthened

through limits on the number of times a

person can sit but fail to pass the citizenship

test before their application is refused; and

• the Government improve the Adult Migrant

English Program and ensure new Australian

citizens have adequate (not just basic)

language ability, taking into account their

particular circumstances.

2020

Australian Citizenship Amendment

(Citizenship Cessation) Act 2020

The Australian Citizenship Amendment (Citizenship

Cessation) Act 2020 (the Citizenship Cessation Act)

replaces arrangements whereby a person’s

Australian citizenship automatically ceases through

certain conduct, with a discretion for the Minister to

determine that a person who is a national or citizen of

a country other than Australia ceases to be an

Australian citizen if they have engaged in specified

conduct.