Australian citizenship lawyer for status, evidence and loss

Find the row that matches the problem. Each opens to the first check and what to bring to an enquiry.

1. R-01Born overseas to an Australian parentclaimedCitizenship by descent.

   A parent must have been an Australian citizen on the day of the birth, and a parent who was a citizen only by descent needs two years in Australia first.

   Australian citizenship by descent

   First check

   Was a parent a citizen on the date of birth, and how?

   Bring to an enquiry

   Birth certificate, the parent's certificate or passport, any decision notice.

2. R-02Born in AustraliaclaimedCitizenship by birth.

   For a birth on or after 20 August 1986, a parent must have been a citizen or permanent resident at the birth, or the person must be ordinarily resident here for the first 10 years.

   Australian citizenship by birth

   First check

   Date of birth, the parent's status that day, residence history.

   Bring to an enquiry

   Full birth certificate, records of the parent's status, a residence history.

3. R-03A notice that records citizenshipheldEvidence of citizenship (section 37).

   Home Affairs can give a notice stating a person is a citizen. It is prima facie evidence, and a refusal can be reviewed by the ART.

   evidence of Australian citizenship

   First check

   Whether a notice was applied for, refused or cancelled.

   Bring to an enquiry

   The application, the notice or refusal, identity documents.

4. R-04Which document proves itheldProof of citizenship.

   Home Affairs lists a certificate, a current passport or a descent extract, and a birth certificate alone only for births before 20 August 1986.

   proof of Australian citizenship

   First check

   Which list entry matches the birth date and route.

   Bring to an enquiry

   Every document held, including a parent's.

5. R-05A certificate that is missing or wrongheldThe citizenship certificate.

   Home Affairs can reissue an incorrect certificate, and lost evidence is replaced through an evidence application. Replacing a citizenship certificate has its own steps.

   Australian citizenship certificate

   First check

   What exactly is missing or wrong, and whether status is in doubt.

   Bring to an enquiry

   Any copy of the certificate and the documents behind it.

6. R-06A threat to citizenshipat riskThe five ways citizenship ends.

   The Act lists five: renunciation, revocation under section 34, revocation under section 34A, a child's revocation and court-ordered cessation.

   lose Australian citizenship

   First check

   The section named in the notice or decision.

   Bring to an enquiry

   The notice, dates, records of how citizenship was acquired.

7. R-07A revocation noticeat riskWhen the Minister can revoke.

   Section 34 needs a listed ground and the Minister's satisfaction that remaining a citizen is contrary to the public interest.

   revocation of Australian citizenship

   First check

   Which ground, and whether the notice is a proposal or a decision.

   Bring to an enquiry

   The notice and correspondence, and the records of acquisition.

8. R-08Giving up citizenshipendingRenunciation, and dual citizenship.

   Home Affairs says 75% of applications are processed within 11 months. Dual citizenship has been allowed since 4 April 2002, so renouncing is a choice, not a requirement.

   renounce Australian citizenship

   First check

   Whether the person holds, or will immediately gain, another nationality.

   Bring to an enquiry

   Passport and nationality documents, ID, and the reason for renouncing.

9. R-09Which section of the Act appliesreferenceThe Citizenship Act 2007 by situation.

   Five groups of provisions cover status, evidence and loss: automatic citizenship, descent, cessation, evidence and review of decisions.

   Australian Citizenship Act 2007

   First check

   The provision a decision or document names.

   Bring to an enquiry

   The decision or document itself.