Australian Citizenship Lawyer / entry R-09
- Register no.
- R-09
- Status
- held
- Last checked
- 19 October 2026
- Sources
- Citizenship Act 2007 compilation C2026C00236, in force 4 June 2026 (checked 18 Oct)
- ART Act 2024 s 18
The Australian Citizenship Act 2007 (Cth) governs a status, evidence or loss question through 5 provisions: automatic citizenship in Division 1, descent in Subdivision A of Division 2, cessation in Division 3, evidence in Division 4, and review of decisions in section 52. Match the situation to the section below, then check the decision or document involved.
Send a citizenship-status enquiry
Which section covers the situation?
| Citizenship situation | Starting provision | What to check |
|---|---|---|
| Automatic acquisition | Division 1, ss 12–15 | Birth (s 12), adoption (s 13), abandoned children (s 14), territory (s 15) |
| Descent | Division 2, Subdivision A, ss 16–19A | Eligibility, approval, and the parent’s citizenship at birth |
| Cessation | Division 3, ss 32A–36L | Which of the five ways applies |
| Evidence | Division 4, ss 37–39 | The notice, its cancellation, surrender and alteration |
| Review | Section 52 | Whether the decision is on the list |
Resumption sits in Division 2, Subdivision C (ss 28A–32). Section 29 sets eligibility, and section 30(2) lets the Minister refuse even an eligible person.
What do sections 17 and 19A cover?
| Provision | What it does |
|---|---|
| s 17 | The Minister’s decision on a descent application. Must approve if eligible, but not without being satisfied of identity, not with an adverse security assessment (or, if stateless, a national-security conviction), and not within 12 months of an earlier cessation |
| s 19A | Approval does not make a person a citizen unless a parent was a citizen at the birth (for births on or after 26 January 1949) |
Conferral is Division 2, Subdivision B, and is not covered here.
How do sections 34 and 36B differ?
| Provision | Decision-maker | Grounds | Safeguards |
|---|---|---|---|
| s 34 | Minister | Offence or fraud in the application; for conferral, also a serious offence before citizenship and migration fraud | Public-interest test; serious-offence ground alone cannot leave a person stateless |
| s 34A | Minister, personally | Failing a special residence requirement | Not if stateless |
| s 36 | Minister | A child under 18 whose responsible parent ceased | Not if another responsible parent remains a citizen, or the child would be stateless |
| ss 36B–36D | A court | Conviction for a listed serious offence; sentence of at least 3 years; repudiated allegiance | Person 14 or over; Minister applies before sentencing; not if stateless |
Resumption is not available after a court-ordered cessation (s 36L).
What does section 37 prove?
That a person was a citizen at the time the notice states. A notice is prima facie evidence of what it says (s 37(5)). It records status; it is not a way to acquire it.
The Minister may give a notice only if satisfied of identity, and may cancel it. Cancelling a notice is not loss of citizenship, which Division 3 deals with separately. Section 38 lets the Minister ask for a physical notice back, on a day at least 28 days after the request.
Which decisions have ART review?
| Paragraph of s 52(1) | Decision listed |
|---|---|
| (a) | Descent refusal, s 17 |
| (aa) | Hague-adoption refusal, s 19D |
| (b) | Conferral refusal, s 24 |
| (c) | Cancellation of conferral approval, s 25 |
| (d) | Resumption refusal, s 30 |
| (e) | Renunciation refusal, s 33, except a wartime refusal under s 33(5) |
| (f) | Revocation under s 34 or s 36(1) |
| (g) | Refusal of an evidence notice, s 37 |
Section 34A revocation and Subdivision C cessation are not on the list. Check the provision the decision names, not just its subject.
The Administrative Review Tribunal Act 2024 s 18 sets the application period by rules that cannot end before 28 days after the decision; other legislation may set a different period. Court review and ministerial intervention are separate and not covered here.
Which version of the Act applies?
- Check the compilation. This page uses compilation C2026C00236, in force from 4 June 2026, checked on 18 October 2026.
- Identify the decision and its date. Note the provision it names.
- Check transitional provisions for older events. They are not covered here.
Related entries
| Entry | Go to | About |
|---|---|---|
| R-01 | Form 118 citizenship by descent | Claiming by descent |
| R-06 | lose citizenship in Australia | The five ways citizenship ends |
| R-03 | evidence of citizenship notice | The section 37 notice |
| Home | Australian Citizenship Lawyer | Enquire |
When to ask a lawyer
Naming the right section is half of a citizenship problem; the other half is proving the facts the section turns on. Australian Migration Lawyers can match a situation to its provision, test the facts against the records and prepare the application or response, which makes a good outcome more likely than guessing at the section.