Where do you start?

What is evidence of Australian citizenship?

It is a notice recording that a person is a citizen at a particular time. It records status; it does not give it. The Minister must be satisfied of the person’s identity before giving one, and may cancel it.

“Prima facie” means the notice counts as evidence of what it states unless something shows otherwise. It is not conclusive proof.

This is different from proving status with documents already held. Home Affairs’ employer guidance lists those documents; see proof of citizenship for them.

How do you apply?

Apply in ImmiAccount, one application for each person. A child cannot be added to a parent’s application, and a child under 16 applies through a responsible parent.

Home Affairs says a person may be eligible who:

• was born in Australia and meets the birth rules for their date of birth;
• previously had a certificate and lost it;
• was a child on a parent’s certificate; or
• became a citizen by descent.

The identity requirement in section 37(4) applies in every case.

How much does it cost?

The fee is $290. Schedule 3 of the Citizenship Regulation 2016 and Form 1298i (design date 07/26) both say so; Home Affairs’ page points to Form 1298i. Confirm the amount shown at payment.

The fee is nil when the evidence application is made on the same form as a descent, Hague-adoption, conferral or resumption application. It is also nil for replacing evidence lost, destroyed or damaged in a listed natural disaster, within the Regulation’s terms (reg 15). That is not a waiver for every lost certificate.

What happens if evidence is refused?

A refusal to give a section 37 notice can be reviewed by the Administrative Review Tribunal (ART). Section 52(1)(g) lists it.

Is ART review available?

Yes. The Administrative Review Tribunal Act 2024 s 18 says the application period is set by the rules and cannot end before 28 days after the decision. Other legislation may set a different period, so read the decision notice for the date.

Court review and ministerial intervention are separate from merits review and are not covered here.

What if the notice is cancelled or incorrect?

Three different things get confused. Identify which one applies.

If the Minister asks for a physical notice back after cancellation or revocation, the surrender date must be at least 28 days after the request (s 38).

Related entries

When to ask a lawyer

A refused evidence application, or a notice that has been cancelled, usually turns on identity or on how citizenship was acquired. Australian Migration Lawyers can read the refusal reasons against the records and prepare the application or the review, which makes a successful outcome more likely than a repeat of the same application.

Enquire about a citizenship evidence problem