Dual citizenship is increasingly common in a globalised world. Many Australian citizens hold, or are eligible to hold, citizenship of another country by birth, descent, marriage, or naturalisation. While Australian law generally permits dual or multiple citizenship, there are important exceptions, risks, and misconceptions – particularly around how Australian citizenship may cease or be revoked.
For migrants, professionals, and families navigating cross-border ties, understanding how dual nationality interacts with Australian citizenship law is essential to avoid unintended consequences.
This article outlines when Australia permits dual citizenship, the limited circumstances in which Australian citizenship may be lost, and key practical considerations for dual nationals under the Australian Citizenship Act 2007 (Cth).
Does Australia Permit Dual Citizenship?
Australia permits its citizens to hold dual or multiple citizenship.
Prior to 4 April 2002, Australian adults could lose Australian citizenship automatically upon voluntarily acquiring another citizenship. Following legislative changes since, Australian citizens who acquire a foreign citizenship do not lose Australian citizenship.
Similarly, a person applying for Australian citizenship is not generally required under Australian law to renounce their existing citizenship.
However, the laws of the other country may restrict or prohibit dual nationality. Some countries automatically revoke citizenship when another nationality is acquired, while others require formal approval to retain it. For this reason, individuals should always obtain advice about the laws of both countries before acquiring another citizenship.
How Can Australian Citizenship Be Lost?
Australian citizenship is a secure legal status, but it is not immune from loss. Citizenship may only be lost in specific and limited circumstances prescribed by legislation.
It cannot be cancelled arbitrarily and may only cease or be revoked in specific circumstances set out in the Australian Citizenship Act 2007 (Cth).
The principal pathways are:
- Voluntary renunciation;
- Revocation in connection with fraud or specified offences; and
- Cessation by court order following conviction for serious offences.
Outside these legislated mechanisms, Australian citizenship cannot lawfully be removed.
Voluntary Renunciation of Australian Citizenship
An Australian citizen aged 18 or over may apply to renounce their citizenship. Approval of an application for renunciation generally requires that:
- The applicant’s identity is established;
- The person will not become stateless (they must already be, or immediately become, a citizen or national of another country); and
- Approval is not contrary to Australia’s interests.
The Minister must consider the statutory criteria set out in the Act, including whether the person would become stateless.
In very limited circumstances, including certain wartime situations, the Minister may refuse renunciation.
If renunciation is approved, the person ceases to be an Australian citizen at the time approval takes effect.
Renunciation is usually permanent. While there are provisions allowing some former citizens to resume citizenship, eligibility is restricted, and approval is not guaranteed. Eligibility to resume citizenship depends on how and when citizenship was lost, and different statutory criteria apply to different categories of former citizens.
Renunciation most commonly arises where a foreign country does not allow dual citizenship (such as Malaysia, Singapore, or China), or where a person seeks to take up certain public, military, or government roles overseas.
You can also read our separate blog which contains further information on renouncing Australian citizenship.
Revocation of Citizenship for Fraud or Specified Offences
Australian citizenship may be revoked in limited circumstances provided for under the Act.
Revocation powers differ depending on how citizenship was originally acquired (for example, by conferral, descent, or adoption), and the applicable statutory provisions must be carefully identified.
These include situations where:
- Citizenship was approved because of migration-related fraud or third-party fraud;
- The person was convicted of certain offences connected with their citizenship application (for example, providing false or misleading information); or
- Other specified statutory grounds are met, and revocation is assessed to be in the public interest.
In general terms, revocation commonly arises where citizenship was obtained by fraud, false representation, or concealment of material information.
Revocation can occur many years after citizenship has been granted. In addition to the loss of citizenship, individuals may also face visa cancellation, immigration detention, or removal from Australia. These matters are often complex and require urgent legal advice.
Historical Loss of Citizenship on Acquisition of Another Nationality
Before 4 April 2002, Australian law provided that adults could automatically lose Australian citizenship if they voluntarily acquired another nationality.
Although this rule was repealed in 2002, it continues to affect some individuals who obtained another citizenship during that period and were unaware that their Australian citizenship ceased at that time. This historical loss most commonly occurred under section 17 of the former Australian Citizenship Act 1948 (Cth).
In certain circumstances, former citizens may be eligible to resume Australian citizenship. Eligibility depends on how citizenship was lost and the person’s individual circumstances.
Citizenship Cessation by Court Order Following Serious Criminal Offending
In limited cases, Australian citizenship may cease if a court makes a citizenship cessation order following a conviction for specified serious offences.
Under the current legislative framework, the court may only make a cessation order if:
- The person is convicted of a specified serious offence, which are all national security–type offences, including:
- Treason;
- Terrorism;
- Espionage;
- Foreign interference;
- Explosives-related national security crimes;
- Foreign incursion offences; and
- Advocating mutiny.
- The court imposes a sentence of at least 3 years’ imprisonment (or multiple sentences totalling at least 3 years);
- The Minister has applied to the court for the order before sentencing occurs; and
- The court is satisfied that the person is aged 14 or over, is an Australian citizen, and the person’s conduct to which the conviction or convictions relate is so serious and significant that it demonstrates that the person has repudiated their allegiance to Australia.
This mechanism operates as part of the sentencing process. The Minister may apply for a cessation order, and the court must consider statutory criteria before making one.
The court must be satisfied of additional statutory matters, including that the person is a national or citizen of another country, and must consider whether the conduct demonstrates a repudiation of allegiance to Australia.
Importantly, a court must not make a cessation order if doing so would render the person stateless.
Where citizenship ceases by court order under these provisions, the Act restricts the availability of resumption of citizenship.
These cases are legally complex and may involve significant constitutional, criminal, and administrative law considerations.
Practical Implications of Dual Citizenship
While dual citizenship is lawful under Australian law, it can have practical consequences, including:
- Limited Australian consular assistance in a country where the person is also a citizen;
- Obligations imposed by the other country, such as taxation or compulsory military service;
- Requirements to enter or leave certain countries using that country’s passport; and
- Potential implications for security clearances or certain government roles.
These issues generally do not affect Australian citizenship status itself, but they should be carefully considered.
How can Hannan Tew Lawyers help?
Given the potentially permanent consequences of citizenship loss, it is essential to obtain accurate advice before acquiring another nationality or taking steps that may affect citizenship status.
At Hannan Tew Lawyers, we have significant experience assisting clients with Australian citizenship matters, including dual citizenship issues, citizenship loss, and resumption of Australian citizenship. If you require assistance or advice in relation to your circumstances, please contact our experienced team by contacting us by email at [email protected] or by phone at +61 3 9016 0484.
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