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After a person acquires Citizenship
A person can acquire their Citizenship by descent or by conferral. Suppose the decision-maker becomes aware that the person has provided false information after acquiring the Citizenship. In that case, the decision-maker will consider whether to revoke the Citizenship or not. The decision-maker will decide this by going back to the time when the person applied for the Citizenship. In other words, if the decision-maker was aware that the person had given false information at the time of the application, then what would have been the decision at that time. Let’s say that the decision-maker decided that the application outcome would be different, such as refusing the application. Then the matter will be referred to the Citizenship Operation Section in the department.
What will happen next?
Suppose a decision-maker identifies information that suggests that an offence has or may have been committed, by a person who already has a Citizenship. In that case, the decision-maker will contact another internal team in the department, known as the Citizenship Operations Section for advice and assistance. The Citizenship Operations Section will then assess the information and forward it to the Border Watch Allegations and Referral Team (BWART). Then BWART will conduct another investigation about the alleged offence. During this investigation it will determine whether to revoke the Citizenship of the person. If decided, then as explained below the Minister has the power to revoke a person Citizenship even after they had it. Simultaneously as mentioned above, the department will consider all relevant factors before prosecuting the person as well.
As said, as per section 34 of the Citizenship Act, the Minister can revoke a person’s Citizenship, either acquired by descent or conferral. This would happen, if the Minister identified through the investigations that the person has committed an offence under section 50 of the Citizenship Act. The Minister will send a notice in writing. In this notice, the Minister will include the date when the person needs to surrender their Citizenship. The usual time frame is 28 days after the day the Minister sent the notice. If a person receives a notice of surrender of their Citizenship, the person must do it. Failure to surrender the Citizenship is an offence under section 38 of the Citizenship Act with a heavy penalty. If the Minister revokes the Citizenship, then the person ceases to be an Australian Citizen at the time of the revocation. Also, it is important to note that if the person has a child, then, unfortunately, the child’s Citizenship will also be revoked.
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