Skip to the entry
Australian Citizenship LawyerRegister of citizenship status

Entries R-01 to R-09
Sources checked 18 to 19 October 2026

Australian Citizenship Lawyer / entry R-07

Register no.
R-07
Status
at risk
Last checked
19 October 2026
Sources
  • Citizenship Act 2007 ss 6, 32A, 34, 34A, 36, 52
  • ART Act 2024 s 18

Australian citizenship can be revoked by the Minister under section 34 of the Australian Citizenship Act 2007, but only if the person did not become a citizen automatically. A listed ground must apply, such as a conviction for fraud in the citizenship application, and the Minister must be satisfied that remaining a citizen is contrary to the public interest.

Section 34 is not the only way citizenship ends. Section 32A of the Act also lists section 34A, section 36, renunciation and court-ordered cessation.

Enquire about a citizenship revocation notice

How do the revocation provisions compare?

The last column records only whether s 52(1) lists the decision for review by the Administrative Review Tribunal (ART), not whether a particular person can apply.

Provision Citizenship affected Trigger Important limitation ART position
s 34(1) Descent or Hague adoption Conviction for an offence in the application, or third-party fraud Public-interest test Listed (s 52(1)(f))
s 34(2) Conferral One of four grounds Public-interest test; statelessness protection on one ground Listed (s 52(1)(f))
s 34A Conferral with a special residence requirement Failing that requirement Minister acts personally; not if stateless Not listed
s 36 Child of a responsible parent who ceased Parent ceased under s 33, 34 or 34A Child under 18; protections for a remaining parent and statelessness s 36(1) listed

When can section 34 be used?

Only when a listed ground applies and the Minister is satisfied that remaining a citizen is contrary to the public interest. The grounds differ by how citizenship was acquired.

For descent or Hague-adoption citizenship (s 34(1)):

  • a conviction under section 50 of the Act, or section 137.1 or 137.2 of the Criminal Code, relating to the application; or
  • approval obtained through third-party fraud.

For conferral (s 34(2)), four grounds:

  1. a conviction for one of those offences relating to the application;
  2. a serious offence committed before becoming a citizen;
  3. migration-related fraud; or
  4. third-party fraud.

A ground alone does not decide it; the public-interest test is a further requirement. Section 34(3) stops revocation on the serious-offence ground alone if it would leave the person stateless. That protection does not cover every ground.

What do sections 34A and 36 cover?

Provision What it covers Limits
s 34A A conferral citizen where the Minister used s 22A(1A) or 22B(1A), and the person was not, or will not be, ordinarily resident in Australia for the 2 years from becoming a citizen (under s 22B(1A), or present for 180 days of them) Not if the person would be stateless; only the Minister personally
s 36 A child under 18 whose responsible parent ceased under s 33, 34 or 34A Not if another responsible parent remains a citizen, or the child would be stateless

A responsible parent, under section 6, is a parent (unless family orders remove responsibility), or another person with parenting-order or guardianship responsibility for the child. A parent’s loss does not automatically end the child’s citizenship; section 36 gives the Minister a power.

Does automatic citizenship protect against every loss?

No. A person who became a citizen automatically cannot be revoked under section 34 or 34A. Renunciation, a child’s revocation under section 36 and court-ordered cessation are separate. The court-ordered power applies however a person became a citizen, including by birth (s 36C(10)).

Cancelling an evidence notice under section 37 is also a different matter. It removes a document, not the citizenship.

How should a revocation notice be handled?

  1. Find the section. Is it s 34, s 34A or s 36, and which ground does it name?
  2. Separate a proposal from a decision. Note what is requested and any date it states.
  3. Gather the records of how citizenship was acquired, and the correspondence.
  4. Get advice on the response and review. A reply to proposed action and an application to review a final decision are different steps.

Can a revocation decision be reviewed?

Decisions under section 34 and section 36(1) can go to the ART (s 52(1)(f)). Section 34A decisions 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; other legislation may set a different period, so read the notice. Court review and ministerial intervention are separate and not covered here.

Related entries

EntryGo toAbout
R-06can you lose Australian citizenshipThe other four ways citizenship ends
R-01Australian citizenship by descent lawyerDescent citizenship and section 34(1)
R-08how to renounce Australian citizenshipThe voluntary route
R-09Australian Citizenship Act 2007 (Cth)Every provision, by situation
HomeAustralian citizenship lawyer helpEnquire

When to ask a lawyer

A revocation notice names a ground, and each ground has conditions the Minister must satisfy, including the public-interest test. Australian Migration Lawyers can test the ground against the records of how citizenship was acquired and prepare the response and any review, which makes a good outcome more likely than responding without that test.

Enquire about a citizenship revocation notice