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VIC Australian Citizenship Act - Discretionary Decision to Cease Citizenship?

Discussion in 'Immigration Law Forum' started by Philip Heiner, 28 June 2015.

  1. Philip Heiner

    Philip Heiner Active Member

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    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.
     
  2. Amanda E

    Amanda E Well-Known Member

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  3. Philip Heiner

    Philip Heiner Active Member

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    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.
     

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