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:
- a conviction for one of those offences relating to the application;
- a serious offence committed before becoming a citizen;
- migration-related fraud; or
- 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?
- Find the section. Is it s 34, s 34A or s 36, and which ground does it name?
- Separate a proposal from a decision. Note what is requested and any date it states.
- Gather the records of how citizenship was acquired, and the correspondence.
- 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
| Entry | Go to | About |
|---|---|---|
| R-06 | can you lose Australian citizenship | The other four ways citizenship ends |
| R-01 | Australian citizenship by descent lawyer | Descent citizenship and section 34(1) |
| R-08 | how to renounce Australian citizenship | The voluntary route |
| R-09 | Australian Citizenship Act 2007 (Cth) | Every provision, by situation |
| Home | Australian citizenship lawyer help | Enquire |
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.