Important Updates
Important Updates
July 9, 2025 | CanadaCanada: Higher Financial Requirements for Study Permit Applicants
July 10, 2025 | United KingdomPartner Julia Onslow-Cole Named to Citywealth Leaders List 2025
July 10, 2025 | PolandPoland: EU Blue Card Rules Relaxed
July 10, 2025 | Saudi ArabiaSaudi Arabia: Grace Period for Foreign Nationals in Irregular Status
July 9, 2025 | United StatesBusiness Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking
July 9, 2025 | CanadaCanada: Higher Financial Requirements for Study Permit Applicants
July 10, 2025 | United KingdomPartner Julia Onslow-Cole Named to Citywealth Leaders List 2025
July 10, 2025 | PolandPoland: EU Blue Card Rules Relaxed
July 10, 2025 | Saudi ArabiaSaudi Arabia: Grace Period for Foreign Nationals in Irregular Status
July 9, 2025 | United StatesBusiness Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking
July 9, 2025 | CanadaCanada: Higher Financial Requirements for Study Permit Applicants
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Will I Still Call Australia Home?

November 9, 2015

cherie-wright_sydney

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
Two Citizenship Bills which provide for significant expansion of the circumstances in which Australian citizenship may be lost are scheduled for debate in the Australian Parliament before the end of the year.
 
Touted by the Australian Government as a key part of its ‘multi-faceted approach’ to countering threats to national security, the controversial Citizenship Amendment (Allegiance to Australia) Bill 2015 will likely be passed by both Houses of Parliament following recommendations from the Parliamentary Joint Committee on Intelligence and Security. The Bill provides for the automatic cessation of Australian citizenship of a dual citizen in circumstances where the person:
 
  • acts inconsistently with their allegiance to Australia by engaging in specified terrorist-related conduct;
  • fights for, or is in the service of, a declared terrorist organisation; or
  • is convicted of a specified terrorism offence as prescribed in the Criminal Code Act 1995.
 
These provisions have been introduced in order to expand the citizenship ‘forfeiting’ provisions that apply when a person fights for an enemy state during war, to also include fighting for non-state actors such as terrorist organisations.
 
The provisions in the Bill will apply to all dual citizens, including Australian citizens by birth, and will operate to automatically cease Australian citizenship upon the person engaging in, or being convicted of, the prescribed conduct.  Due to the automatic nature of these provisions, the Minister for Immigration and Border Protection will not be required to make a formal decision on the matter.
 
Further, the Bill prevents a person from re-obtaining Australian citizenship in the future where they have ceased to be an Australian citizen on one of the above grounds, unless the Minister exempts the operation of the relevant cessation provision where the Minister considers it to be in the ‘public interest’ to do so.
 
This Bill has been the subject of considerable debate over whether the executive arm of government has the constitutional power to cancel the citizenship of a person who is an Australian citizen by birth; as well as Australia’s obligations under international law not to render any person stateless.
 
The more innocuously titled Australian Citizenship and Other Legislation Amendment Bill 2014 proposes to significantly increase the Minister’s discretionary powers in other aspects of Citizenship applications, including provisions to expand the Minister’s power to revoke citizenship if obtained as a result of “fraud or misrepresentation” committed by the Australian citizen themselves or a third party (for example a parent).
 
The Minister will be able to exercise this power for up to 10 years after citizenship is granted. If passed, this provision could apply, for example, in circumstances where the Minister is satisfied that it would be contrary to public interest for the person to remain an Australian citizen even though the person has not been convicted of an offence. Not surprisingly, these provisions have raised eyebrows among the legal profession about the apparent absence of natural justice protections in these Ministerial powers. Other proposed provisions in the Bill would empower the Minister to set aside certain decisions of the Administrative Appeals Tribunal in cases involving questions of a person’s character or identity if the Minister is satisfied that it would be in the ‘public interest’ to do so. These provisions are similar to the Minister’s existing powers under the Migration Act 1958 in relation to Australian visas however, do raise concerns as to whether this will allow sufficient oversight as to executive decision making by the Minister given the significance of the decision and the dire consequences for the individual concerned.
 
Interestingly, the existing powers to revoke citizenship have only been used in 16 cases since the Australian Citizenship Act was enacted in 1949. The provisions allowing for automatic cancellation where a citizen has served in armed forces of enemy country has never been used despite wars in intervening years.   
 
In 2008 the then Minister for Immigration Senator Chris Evans remarked to the Senate Estimates committee that he had formed the view that the Migration and Citizenship Acts provided the Minister with too much power to make decisions about individual cases and was concerned about the lack of any appeal rights for some decisions.  Certainly the challenges that arise from Australians choosing to fight for organisations such as Daesh may be serious enough to warrant legislative change, however the question arises as to whether putting even more power  in the hands of the Minister is warranted for such cases?  

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.