Australian Citizenship
Australian citizenship is the status of Australian nationality. It can be acquired through the birth of Australian descent, or by application after a period of residence in Australia.
Australian citizens can stay indefinitely in Australia as well as to re-enter Australia.
Once you become an Australian citizen, you will enjoy many benefits such as:
- Great consular support while overseas;
- Government or defence jobs;
- Visa-free to travel to 170 countries;
- Financial assistance for Australian education;
- Protection from deportation.
Citizenship Refusal
Although the Department of Home Affairs office would not release the actual number of refusal for Australian citizenship application in 2018-2019, our figure of refusal came from the Australian National Audit Office (ANAO).
The common reasons for Australian citizenship refusal are:
- Failed Australian citizenship test;
- Can not prove identity;
- Have criminal records and sentenced to 12 months or more in jail;
- Have unacceptable conducts in the past, failed “good Character” test;
- Involved in extremist organizations;
- Fraud.
Citizenship Cancellation
Although rare, there are 44 Australian citizenships cancelled since 1949.
Under the Australian Citizenship Act 1948, only dual citizens are allowed to cancel their Australian citizenship. This leads to another inequality because two people can engage in the same conduct, but only the dual citizen will lose their Australian citizenship.
The Common reasons to strip off Australian citizenship are;
- Provided false and misleading information to gain Australian citizenship;
- Acted contrary to their allegiance to Australia, such as engaging in terrorism-related conduct;
- A child of a responsible parent who ceases to be an Australian citizen.
Win Back Your Citizenship
If you failed strict scrutiny about their “Good character” when applying for Australian citizenship or after been granted Australian citizenship, this is the most disputed legal area for winning back Australian citizenship.
A “Good character” of a citizen generally refers to the “enduring moral qualities of a person”. Australian law has a list of behaviour or conducts which would not pass the test of “Good character”.
There is a huge amount of Australian case law about the test of “Good character”. We have specialised in presenting our clients in the Court to address their “Good character” issues.
When your citizenship application was refused or your citizenship was stripped, the Australian citizenship system provides opportunities for you to seek justice. This justice system will include both administrative merit review and Court review such as AAT- FCC- FCA-HCA.
If you are finding it difficult to understand the legal requirement to win back citizenship, this e-Guide to Win Back Visa/Citizenship in AAT-FCC-HCA will provide you with the essential guidance.
