VIC Australian Citizenship Act - Discretionary Decision to Cease Citizenship?

[Philip Heiner]

Does declaring marriage to an Irish national signed in Melbourne in 1999 which automatically bestowed Irish post nuptial citizenship on that day satisfy Section 17 of the Australian Citizenship Act 1948 to cease Australian citizenship?

Without allegiance sworn to Ireland or residency in Ireland, Department of Immigration and Border Protection (DIBP) ceased citizenship with no fact showing dominant purpose required by S17. Moreover, S17 confers no power to anyone to make the discretionary decision on dominant purpose.

 

[Amanda E]

How did you go with this? Have you spoken to an immigration lawyer to see if you have grounds to appeal the DIBP's decision?

 

[Philip Heiner]

How did you go with this? Have you spoken to an immigration lawyer to see if you have grounds to appeal the DIBP's decision?

The matter is on going. Decisions by AAT twice and FCA affirm DIBP decision but each affirmation uses a different finding for its reason and none are consistent with fact. Yes, I most certainly have a case. It is not one for the faint hearted. I am working toward it being heard fairly - and internationally. Thanks for your interest.