2016] The Prevention and Reduction of Statelessness in Australia 497 decision-maker’ since revocation ‘just happens when the relevant conduct is undertaken’.250 While the Minister is required to ‘give, or make reasonable attempts to give, written notice’ to the person that they have ceased to be an Australian citizen,251 such ‘reasonable attempts’ may not be successful since these provisions apply where the conduct is engaged in outside Australia, or where ‘the person left Australia after engaging in the conduct’.252 In addition, the notice requirement does not apply in certain circumstances, such as ‘if the Minister is satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations.’253 Further, while s 35B of the Citizenship Act prescribes the ‘[m]atters [that must] be set out in notices to persons who have ceased to be Australian citizens’, these are limited to the relevant conduct by reason of which the recipient’s citizenship has been renounced.254 There is no requirement that the Minister make specific reference to having made a finding that the recipient has another nationality or citizenship, to identify the relevant other nationality, or to disclose that such a finding was required. These concerns are compounded by the broader inadequacy of Australia’s system for identifying and protecting stateless persons, discussed in the companion article.255 Despite Australia’s pledge in 2011 ‘to better identify stateless persons and assess their claims’,256 there is still no legislative basis for determining statelessness, and our analysis of the relevant procedures advice manual, tribunal and judicial decisions reveals a lack of consistency and clarity concerning the methods for ascertaining whether a person is indeed a citizen of another state. Not only is there no coordinated approach to collecting information about stateless persons in Australia, but the Department of Immigration and Border Protection has explicitly stated that it cannot estimate the precise number of dual citizens, acknowledging ‘that the figure was ‘‘not captured in the census because it is not a matter directly within the 250 Irving and Thwaites, above n 227, 144 (emphasis in original). 251 Citizenship Act s 33AA(10). 252 Ibid s 33AA(7). Section s 35(1)(c) concerns overseas service. 253 Ibid s 33AA(12). 254 Ibid ss 35B(1)--(2). However, we note that the Minister can decline to provide information for various reasons, including that ‘the disclosure of the information or content would be likely to be contrary to the public interest for any other reason’: at s 35B(3)(d). 255 Foster, McAdam and Wadley, above n 6. 256 See UNHCR, Pledges 2011, above n 63, 49.

Select target paragraph3