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Supplementary Submission - Review of the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023

On 19 February 2024, the Law Council appeared before the Parliamentary Joint Committee on Intelligence and Security (the Committee) in connection with its review of the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 (Cth) to the Australian Citizenship Act 2007 (Cth) (the Act).

During the hearing, the Law Council was asked to consider further the adequacy of existing safeguards in the Act protecting against, both formal and de facto, statelessness.1 Responses to these questions, along with related observations, are included to assist the committee.

Read full submission below.


1 As the Australian Human Rights Commission explained in their evidence: Australian Human Rights Commission, Submission no. 2 to the Parliamentary Joint Committee on Intelligence and Security, Review of the citizenship repudiation provisions of the Australian Citizenship Act 2007 (Cth) (Submission, 7 February 2024), 15. (‘AHRC Submission’)
De facto statelessness is when a person may be a national or citizen of a country in name, but they cannot in reality effectively access their nationality or citizenship. For example, Faili Kurd refugees with paternal Iranian ancestry are considered Iranian nationals yet only a small number have succeeded in obtaining evidence of their Iranian citizenship.

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