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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 30

Minister's decision

             (1)  If a person makes an application under section 29, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen again.

          (1A)  The Minister must not approve the person becoming an Australian citizen again unless the person is eligible to become an Australian citizen again under subsection 29(2) or (3).

             (2)  The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3).

Identity

             (3)  The Minister must not approve the person becoming an Australian citizen again unless the Minister is satisfied of the identity of the person.

Note:          Division 5 contains the identity provisions.

National security

             (4)  If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act).

             (5)  If the person is covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again if the person:

                     (a)  if subparagraph (6)(b)(i) applies to the person:

                              (i)  has been convicted of a national security offence; or

                             (ii)  subject to subsection (7), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or

                     (b)  if subparagraph (6)(b)(ii) applies to the person--has been convicted of a national security offence.

             (6)  A person is covered by this subsection if:

                     (a)  at the time the person made the application under section 29, the person:

                              (i)  is not a national of any country; and

                             (ii)  is not a citizen of any country; and

                     (b)  either:

                              (i)  the person was born in Australia; or

                             (ii)  the person was born outside Australia and, at the time of the person's birth, the person had a parent who was an Australian citizen.

             (7)  The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person's conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person.



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