488 Melbourne University Law Review [Vol 40:456 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).

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