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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 36H

Revocation of citizenship cessation determination on application to Minister

             (1)  A person who has ceased to be an Australian citizen because of a determination made under subsection 36B(1) or 36D(1) may apply in writing to the Minister to have the determination revoked. Section 46 (application requirements) does not apply to the application.

             (2)  The application must be made no later than the later of the following:

                     (a)  90 days after the date of the notice given under paragraph 36F(1)(a) in relation to the determination;

                     (b)  if the notice was given to the person again by sending it to an electronic address in accordance with subsection 36F(3)--30 days after the day the notice was sent to the electronic address.

             (3)  The Minister must consider the application and either revoke the determination or refuse the application. The Minister:

                     (a)  must revoke the determination if:

                              (i)  the Minister is satisfied that, at the time the determination was made, the person was not a national or citizen of any other country; or

                             (ii)  for a determination made under subsection 36B(1)--the Minister is satisfied that the person did not engage in the conduct to which the determination relates; and

                     (b)  may revoke the determination if paragraph (a) of this subsection does not apply, but only if satisfied that revoking the determination would be in the public interest (see section 36E).

Note:          The Minister must observe the rules of natural justice in making the decision.

             (4)  The Minister must give the person written notice of the Minister's decision under subsection (3). The notice must:

                     (a)  set out the decision; and

                     (b)  if the Minister refused the application:

                              (i)  include the reasons for the decision; and

                             (ii)  set out the person's rights of review.

Section 47 (notification of decisions) does not apply in relation to a decision under this section.

Note:          A person may seek review of a decision made under subsection (3) in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903 .

             (5)  However, the notice must not contain information, or content of a document, if:

                     (a)  the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010 ); or

                     (b)  the disclosure of the information or content could prejudice:

                              (i)  the security, defence or international relations of Australia; or

                             (ii)  the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010 ) of its functions; or

                     (c)  the disclosure of the information or content could endanger a person's safety; or

                     (d)  the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.

             (6)  If the Minister revokes the determination under subsection (3), the person's citizenship is taken never to have ceased under section 36B or 36D (as applicable) because of the determination. However, the validity of anything done in reliance on the determination before the revocation is not affected.

             (7)  The person may only apply once to the Minister under subsection (1) in relation to the determination.

             (8)  The powers of the Minister under this section may only be exercised by the Minister personally.



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