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to the public interest for the person to remain an Australian citizen.’181 The
term ‘public interest’ is not defined, and neither the Act itself, nor any
associated legislation or regulations, sets out the test to be applied. The Act
does not contain any safeguards against being rendered stateless where
citizenship is revoked in such circumstances.182 Section 21(8) of the Citizenship Act does not provide a remedy since it applies only to persons who have
never been citizens of any country (and who are not entitled to acquire the
citizenship of another country, who are not a citizen of any country and who
were born in Australia).
Article 8(1) of the 1961 Convention provides that a state ‘shall not deprive
a person of its nationality if such deprivation would render him stateless’,
although it importantly contains an exception in art 8(2)(b) ‘where the
nationality has been obtained by misrepresentation or fraud.’ However, the
Citizenship Act provisions are arguably wider than the permissible exception
set by the 1961 Convention in that they apply to ‘third-party fraud’ ---- namely,
where another person has been convicted of a specified offence which ‘was
connected with the Minister approving the applicant becoming an Australian
citizen.’183 There is no requirement that the applicant knew about or was in
any way involved in the relevant offence.
C New Challenges to the Prevention and Reduction of Statelessness: National
Security, Terrorism and the Withdrawal of Citizenship
In 2015, the Allegiance to Australia Act entered into force:
because the Parliament recognises that Australian citizenship is a common
bond, involving reciprocal rights and obligations, and that citizens may,
through certain conduct incompatible with the shared values of the Australian
community, demonstrate that they have severed that bond and repudiated their
allegiance to Australia.184
While the Citizenship Act has long contained a provision permitting cessation
of citizenship where a person ‘is a national or citizen of a country other than
Australia’ and ‘serves in the armed forces of a country at war with Australia’,185
181
Ibid s 34(1)(c).
182
In contrast, the Minister cannot revoke Australian citizenship acquired by conferral if it
would render the person stateless: ibid s 34(3)(b).
183
Ibid s 34(8).
184
Allegiance to Australia Act s 4.
185
Citizenship Act s 35(1).