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investigation into the applicant’s citizenship status.229 This is in contrast to
other comparable regimes where compliance with the 1961 Convention is
understood to require specific consideration of the issue of statelessness. For
example, in Canada, the relevant legislation explicitly provides that revocation
provisions ‘do not operate so as to authorize any decision, action or declaration that conflicts with any international human rights instrument regarding
statelessness to which Canada is signatory’,230 and requires that the Minister
must have ‘reasonable grounds to believe the person is a citizen’ of another
country before pursuing revocation.231 By contrast, the Australian amendments neither reference international law obligations pertaining to statelessness,232 nor contain a comparable factual assessment as a condition precedent
to revocation in every case.
In light of Australia’s obligation not to ‘deprive a person of its nationality if
such deprivation would render him stateless’,233 the onus is on the Australian
government to ensure that a person is indeed a dual national prior to any
revocation of Australian citizenship. This requires the government to investigate with the ‘competent authority’ of the person’s presumed other state of
nationality as to whether the person is, in fact, a citizen.234 This assessment
involves an analysis not only of the legislation of the other state, ‘but also
ministerial decrees, regulations, orders, judicial case law (in countries with
a tradition of precedent) and, where appropriate, customary practice.’235
As this suggests:
Establishing whether an individual is … a national under the operation of [the]
law [of a foreign state] requires a careful analysis of how a State applies its na-
229
Explanatory Memorandum, Australian Citizenship Amendment (Allegiance to Australia)
Bill 2015 (Cth), 7 [20].
230
Citizenship Act, RSC 1985, c C-29, s 10.4(1).
231
Ibid s 10.4(2).
232
We are grateful to Anna Saunders, Juris Doctor student, Melbourne Law School, for this
observation.
233
1961 Convention art 8(1).
234
UNHCR, Handbook on Protection of Stateless Persons, above n 10, 13 [27] (citations omitted):
Competence in this context relates to the authority responsible for conferring or withdrawing nationality from individuals, or for clarifying nationality status where nationality is acquired or withdrawn automatically. The competent authority or authorities will
differ from State to State and in many cases there will be more than one competent authority involved.
235
Ibid 12 [22] (citations omitted).