Australian Citizenship Lawyer / entry R-06
- Register no.
- R-06
- Status
- at risk
- Last checked
- 19 October 2026
- Sources
- Citizenship Act 2007 ss 32A-36L, 52 (compilation in force 4 June 2026)
- Migration Act 1958 s 35
- Home Affairs, resume citizenship (18 Oct)
- ART Act 2024 s 18
You can lose Australian citizenship in 5 ways under Division 3 of the Australian Citizenship Act 2007: renouncing (s 33), revocation for offences or fraud (s 34), revocation for failing a special residence requirement (s 34A), a child’s revocation when a responsible parent ceases (s 36), or a court-ordered cessation (Subdivision C of Division 3). Check the section named in any decision or notice before deciding what to do next.
This page uses the Act compilation in force from 4 June 2026, checked on 18 October 2026.
Enquire about citizenship loss
What are the five ways citizenship ends?
| Way it ends | Who decides | Section | Who it concerns | Important limitation |
|---|---|---|---|---|
| 1. Renunciation | Minister, on application | 33 | A citizen who applies to give up citizenship | Must hold, or immediately gain, a foreign nationality |
| 2. Revocation for offences or fraud | Minister | 34 | A person who did not become a citizen automatically | A listed ground and a public-interest test |
| 3. Revocation for a special residence requirement | Minister personally | 34A | Certain conferral citizens | Not if it would leave the person stateless |
| 4. Child’s revocation | Minister | 36 | A child under 18 whose responsible parent ceased | Not if another responsible parent remains a citizen, or the child would be stateless |
| 5. Court-ordered cessation | A court | Division 3, Subdivision C | A citizen convicted of a listed serious offence | Not if it would leave the person stateless |
Renunciation is the only voluntary one, and it ends citizenship at the moment of approval. Section 34 needs a conviction or fraud ground and the Minister’s satisfaction that remaining a citizen is contrary to the public interest. Section 34A applies where the Minister used the power in section 22A(1A) or 22B(1A) on conferral. Section 36 lets the Minister act for a child; it is not automatic. Subdivision C needs a sentence of at least 3 years, an application by the Minister before sentencing, and a court satisfied the person has repudiated allegiance.
Does foreign citizenship cause loss?
Not now. Home Affairs says the repeal of section 17 of the 1948 Act on 4 April 2002 enabled Australian citizens to acquire dual citizenship without losing Australian citizenship.
Older cases depend on the date. Home Affairs describes the former section 17 as operating automatically between 26 January 1949 and 3 April 2002. That description does not decide any individual case.
Can a child lose Australian citizenship?
Yes, but not automatically. The Minister may revoke a child’s citizenship under section 36 only when:
- the child is under 18;
- a responsible parent ceased under section 33, 34 or 34A; and
- no other responsible parent remains a citizen, and the child would not be stateless.
“Responsible parent” is defined in section 6: a parent (unless family orders remove responsibility), or another person with the child living with them, or with parental responsibility, under a parenting order or a guardianship.
Does cancelling a certificate end citizenship?
No. Cancelling an evidence notice under section 37(6) removes a document. Section 32A lists five ways citizenship ends, and cancelling a notice is not one of them.
| Cancelling an evidence notice | Ending citizenship |
|---|---|
| Section 37(6) | Division 3: five ways |
| Concerns evidence at a particular time | Concerns status itself |
What should a notice recipient do first?
- Find the decision and the section. Is it a proposal or a decision? Is it about an evidence notice or about citizenship?
- Keep the notice and the records of how citizenship was acquired.
- Get advice on the response and review. The notice states what applies; do not assume a deadline.
Which decisions can the ART review?
The Administrative Review Tribunal (ART) reviews the decisions listed in section 52(1) of the Act.
| Section | Decision listed |
|---|---|
| 17 | Descent refusal |
| 19D | Hague-adoption refusal |
| 24 | Conferral refusal |
| 25 | Cancellation of conferral approval |
| 30 | Resumption refusal |
| 33 | Renunciation refusal, except a wartime refusal under s 33(5) |
| 34 or 36(1) | Revocation |
| 37 | Refusal of an evidence notice |
Section 34A revocation and Subdivision C court-ordered cessation are not on the list. The Administrative Review Tribunal Act 2024 s 18 sets the application period by rules that cannot end before 28 days after the decision, and other legislation may set a different period. Court review is separate from merits review and is not covered here.
What happens to visa status after loss?
A person who ceases to be an Australian citizen while in the migration zone is taken to be granted an ex-citizen visa when citizenship ceases (Migration Act 1958 s 35). It is a permanent visa to remain in, but not re-enter, Australia.
Can citizenship be resumed?
Some people who lost citizenship can apply again under Subdivision C of Division 2. Even if eligible, the Minister may refuse (s 30(2)). A person whose citizenship ended by court order cannot resume it (s 36L).
Related entries
| Entry | Go to | About |
|---|---|---|
| R-07 | Australian citizenship revoked for fraud | Section 34 in detail |
| R-08 | renunciation of Australian citizenship | Section 33 in detail |
| R-09 | Australian Citizenship Act section 34 | Every provision, by situation |
| Home | Australian Citizenship Lawyer | Enquire |
When to ask a lawyer
Each way of losing citizenship has its own decision-maker, safeguards and review route, and a notice that names the wrong section is easy to misread. Australian Migration Lawyers can identify the provision, read the notice against the records and prepare the response, which makes a good outcome more likely than responding without that analysis.