March 2025

Case Type  – Resumption of Citizenship Application Lodged

The applicant first arrived in Australia at the age of 2. His mother and father were Australian citizens. During childhood, the applicant entered Australia multiple times. However, following his parents’ acquisition of Canadian citizenship, the applicant lost his Australian citizenship as a child when his parents renounced their Australian citizenship. The Applicant spent his entire life outside Australia, in the US, and was looking to move back to Australia with his wife and child.

Case Background/Challenges

The Applicant was uncertain about his eligibility for Australian citizenship and was unable to recall whether he had lost it due to his parents’ renunciation. Additionally, the applicants parents demise, name changes and difficulties in locating records added complexity to the case.

Case Strategy

To establish the applicant’s prior Australian citizenship, we requested a release of documents through Freedom of Information (FOI) from the Department of Home Affairs and conducted extensive searches of the National Archives of Australia. We analysed the provisions of the old Australian Citizenship Act 1948 (1948 Act) to determine whether the applicant could resume citizenship. This analysis was then applied to assess eligibility for resumption of citizenship under section 29 of the current Australian Citizenship Act 2007.

Case Outcome

Through our research, we demonstrated that the applicant had ceased to be an Australian citizen under section 23 of the old 1948 Act when his father acquired Canadian citizenship, thereby losing his Australian citizenship under section 17 of the same Act. This loss of parental citizenship resulted in the applicant’s loss of citizenship as well. However, based on these findings, the applicant was eligible to resume Australian citizenship under section 29 of the current Act.