Australian citizenship can be refused for a range of reasons, with some expected, others less so. In this blog, we break down the most common reasons why applications are refused under the Australian Citizenship Act 2007 (the Act) and what you can do if it happens to you.
Failure to Meet the Eligibility Criteria
One of the most common reasons for refusal is not satisfying the general residence requirement or being unable to meet the exemptions.
Under the Act, the Minister must not approve your application unless you are eligible. Common situations where applicants are found ineligible include:
Not a permanent resident or eligible New Zealand citizen
You must hold permanent residency or be an eligible NZ citizen at the time you apply for citizenship. Example: if you lodge your application before your permanent visa is granted, the citizenship application will be refused.
Failing to meet the General Residence requirement
The General Residence requirement is that you must show you have:
- lived in Australia lawfully for 4 years before applying;
- been a permanent resident of eligible NZ citizen for at least 12 months immediately before applying; and
- spent no more than 12 months outside Australia in the past 4 years, and no more than 90 days in the last 12 months.
Example: If you take multiple overseas trips for work or family reasons that total more than 12 months over the past 4 years, you are not eligible, even if you’ve lived in Australia for many years.
We have a separate blog that addresses the ministerial discretions for the general residence test.
Failing to meet the Special Residence requirement
The Special Residence requirement has a high threshold and applies only to individuals who can show they are engaged in activities that benefit Australia or specific work that requires regular travel overseas. Example of individuals who might qualify:
- An athlete representing Australia in the Olympics
- A crew member of an airline or shipping company
- A CEO or executive of an S&P/ASX All Australian 200 listed company who travels extensively for work
Not likely to reside in Australia or maintain a close connection
Even if you meet the residence requirement, the Minister can refuse your application if they believe you are not likely to reside in Australia or maintain close and continuing ties.
Example: If you move overseas for a job right after applying, or if your immediate family is based overseas and you spend most of your time outside Australia, this could be a concern.
Physically outside Australia and do not meet any of the Residence requirements
If you travel overseas after applying, you must still meet residence requirements and provide a return date. The Department cannot defer your application indefinitely and may ask for proof of your return.
Failing resumption requirements
Providing Incorrect or Misleading Information
Another common reason for refusal is providing information that is false or misleading in your application. This applies even if the error was unintentional and is considered material to the decision.
The Department relies on accurate details to assess eligibility, and discrepancies can raise concerns about integrity. Some examples of where issues occur include:
- Failing to disclose previous visa issues such as refusals and cancellations;
- Providing inaccurate details such as those relating to your identity or your travel movements;
- Inconsistencies between your citizenship application and previous visa applications or immigration records.
Even minor errors can result in delays or refusal, especially if they appear deliberate or suggest that you are withholding information. It is important to ensure all documents are accurate and consistent across your immigration history.
Failure to Attend the Citizenship Test, Interview, or Ceremony
Even after submitting a complete application, you must meet certain procedural requirements before becoming an Australian citizen. Two common issues that can lead to refusal or cancellation are:
Missing the Citizenship Test, Interview, or Ceremony
If you do not attend your scheduled citizenship test, interview, or ceremony without a valid reason, your application may be refused. The Department expects applicants to attend these appointments or, where necessary, formally request a reschedule. Repeated non-attendance without explanation is often treated as a failure to progress the application.
Not making the Pledge of Commitment within 12 months
Once your application is approved, you must make the Pledge of Commitment at a citizenship ceremony within 12 months. If you fail to do this, your approval can be cancelled unless there is a valid reason. Acceptable reasons include:
- Serious illness or receiving medical treatment overseas;
- Caring for someone who is critically ill;
- Attending a funeral;
- An administrative error by a Commonwealth, State, or local government authority.
Identity Concerns
The Minister cannot grant Australian citizenship if they are not satisfied of your identity. This means you need to provide clear and consistent evidence of who you are.
Identity issues can arise when:
- you fail to provide sufficient identification documents;
- there are discrepancies in your name, date of birth, or personal details across different records;
- there are gaps or inconsistencies in your personal history that cannot be explained;
- you have changed your name multiple times without supporting evidence.
Character Issues
To be granted Australian citizenship, you must be considered of good character, otherwise the Minister must refuse your application unless it will result in you becoming stateless.
Character concerns commonly arise in situations such as:
- You have been sentenced to imprisonment for 5 years or more unless it’s unreasonable in the circumstances;
- You are currently in prison;
- You are facing pending criminal proceedings (including appeals or reviews);
- You are on parole or subject to a good behaviour bond and have breached its conditions;
- You are in a psychiatric institution by order of a court due to an offence;
- You have been convicted of serious national security offences including treason, espionage, or terrorism-related crimes.
If you have a criminal history but are not permanently barred from applying, you may be subject to a waiting period before your application can be approved. For example:
- If you have served a serious prison sentence of 12 months or more, you may face a waiting period of up to 2 years after release;
- If you have been sent to prison a second time for a serious offence, the waiting period can be up to 10 years;
- If you are on parole, you must wait until it ends before your application can be approved.
When assessing character, the Department will consider your criminal history, the nature and circumstances of any offences, and your general conduct in the community.
Security Concerns
The Minister cannot approve citizenship if the Australian Security Intelligence Organisation (ASIO) has assessed that you pose a security risk. However, citizenship may still be granted in limited circumstances, such as if you would become stateless, were born in Australia, or had an Australian citizen parent at the time of birth. Security assessments by ASIO can take two forms:
Adverse Security Assessment
This contains opinions, advice, or information indicating that you pose a risk to Australia’s security, along with recommendations on actions that may be taken against you.
Qualified Security Assessment
This contains similar information as above, but without a recommendation for administrative action. While slightly less severe than an adverse assessment, it can still prevent your citizenship application from being approved.
If ASIO considers you a risk, your application is typically refused, even if you meet all other eligibility requirements. Security concerns are taken very seriously, and the Minister has limited discretion to override these assessments.
Cessation of Citizenship
If you have recently ceased to be an Australian citizen, you cannot apply to become a citizen again within 12 months of ceasing unless refusing your application would leave you stateless. This rule ensures that citizenship is not immediately re-acquired after renunciation, except in exceptional circumstances where a person would otherwise lose all nationality.
This applies whether you voluntarily renounced your citizenship or it ceased under other legal provisions.
What Are Your Options After a Refusal?
If your citizenship application has been refused, you still have options:
Review the Refusal Letter Carefully
The decision record will outline the reasons for refusal. It’s important to read it in full as it will help you decide your next steps.
Apply for a Merits Review
If you believe the decision was incorrect or harsh, you may be able to apply to the Administrative Review Tribunal (ART) for a review. There are strict time limits, typically 21 days from the date of the refusal letter.
Reapply When Eligible
Sometimes the best course is to wait and reapply when you meet all the requirements. For example, after spending further time in Australia to meet the residence requirement.
Seek Legal Advice
Citizenship refusals can have complex legal and personal implications, especially if you’ve lived in Australia for many years. We recommend getting in touch with our experienced team for tailored advice. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
Need assistance?
Hannan Tew Lawyers have significant experience with advising on Citizenship refusals. If you require assistance with your Citizenship application refusal or have any other immigration related queries, please get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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