Revocation of citizenship acquired through naturalisation

JustAThought wrote: »

Equally Australia has openly deported ‘underlsirables’ and criminals back to
their original country

fact check on that:

Many Australian citizens are not aware that they can lose their Australian citizenship.

You can lose your Australian citizenship in the circumstances set out below.

Renounce your citizenship voluntarily

You can lose Australian citizenship if you take steps to renounce it.

You may decide to do this because you are a citizen of another country, or you are entitled to become a citizen of another country. There is a detailed process that you must follow.

Australia is a signatory to the relevant United Nations Convention, so our Government will not approve your application to renounce your Australian citizenship unless you provide evidence that you are a citizen of another country or you will acquire the citizenship of another country.

Dual citizens will have citizenship renounced through certain conduct

In 2015 a further category of renunciation of citizenship was introduced. If a person is a dual citizen and engages in certain kinds of conduct that is considered to be inconsistent with allegiance to Australia, they are taken to have renounced their Australian citizenship, and will cease to be an Australian citizen.

This will happen regardless of how the person became an Australian citizen (ie including if they became an Australian citizen on birth).

The Minister for Immigration will give notice that they have ceased to be an Australian citizen. The person affected may seek a review in the Federal Court or High Court. In certain situations, the Minister may exempt a person from cessation of citizenship.

This loss of citizenship applies to people aged 14 years or older.

Examples of conduct that will lead to cessation of citizenship in this way are:

engaging in terrorist activities in Australia or overseas;
financing terrorist activities;
serving in the armed forces of a country at war with Australia or fighting for or in the service of a declared terrorist organisation outside Australia.
There is no requirement for conviction by a court.

Acquired another citizenship

Before 4 April 2002, Australian citizens who became citizens of another country lost their Australian citizenship automatically. Since that date Australian citizens who become citizens of another country may in some circumstances become dual citizens.

Citizenship revoked

A person will lose Australian citizenship if it is revoked. The Minister may revoke Australian citizenship following certain convictions or actions, unless the person is an Australian citizen by birth, or the person is conferred citizenship and it would not go against the public interest for that person to remain an Australian citizen.

The following are the relevant convictions or actions that the Minister may act on:

The person is convicted of making a false statement or false representation or producing a false document in relation to their application to become an Australian citizen.

The person became an Australian citizen as a result of migration-related fraud.
The person became an Australian citizen as a result of third-party fraud (for example, fraudulent conduct by a migration agent in the citizenship application).

The person was convicted of a serious criminal offence at any time before becoming a citizen that carries a prison sentence of 12 months or more.
If a person is a dual citizen and is convicted of certain crimes (terrorism related) for which they are sentenced to at least six years in prison, and the Minister considers that the person has demonstrated that they have repudiated their allegiance to Australia, the Minister can revoke their citizenship. They will be deported on release from prison.

https://brettslater.com/when-can-you-lose-your-australian-citizenship/

This doesn't cover rape unless it were to happen prior to gaining citizenship.

Overheal wrote: »

That jeopardizes Ireland's treaties with other nations where Irish enjoy dual citizenship status, I would think.

So be it ,

I'm sure other's would quickly follow suit , citizenships should be earned not handed out for anyone who decides they want to be Irish or other nationalities ,

Bring several thousand jobs , create enterprise , provide years of unblemished service in healthcare , science , education then possibly qualify for honorary citizenship .

honorary is the keyword .

Does raping a 73 year old incapacitated woman count as a failure in your duty of fidelity to the nation?

suicide_circus wrote: »

Does raping a 73 year old incapacitated woman count as a failure in your duty of fidelity to the nation?

That depends on your jurisprudence on the phrase. I found this:

https://www.mondaq.com/ireland/crime/175990/court-takes-into-account-duty-of-fidelity-to-the-nation-and-loyalty-to-the-state-in-a-time-of-fiscal-emergency-when-imposing-sentence

FWIW I don't think it's applicable.

Rodney Bathgate wrote: »

On my phone so can’t easily search the page, but does it explicitly say that failure to observe the laws can result in revocation?

No, unfortunately. A case for the high court, I'd imagine.

Overheal wrote: »

Creating 2nd classes of citizens? Requiring additional oversight and regulatory costs?

You're right, they shouldn't be granted citizenship at all.

Overheal wrote: »

Considering we take the assumption he was naturalized, gained citizenship, before this crime occurred - on what grounds would you have terminated his application for citizenship?

Irish citizenship is a privilege, not a right. So its not for me to prove why it should not be granted to anyone who manages to reach our shores.

suicide_circus wrote: »

Does raping a 73 year old incapacitated woman count as a failure in your duty of fidelity to the nation?

Wouldn't be the first time ,we granted asylum a few years back to violent rapist who attacked a student only a few weeks after arriving here on a student visa and applied for asylum while on trial for said rape which be was convicted but he's still here.

This case should bring further investigations to make sure there isn't historical abuse in other places he worked

On a general note, how easy or difficult is it for immigrants to obtain Irish citizenship. Sorry I know I could look it up, but someone might save me the drudgery of research.

As a pp said citizenship is a privilege, not a right.

Long term visas to be renewed every few years, visa revoked if the law is broken like this animal did. Easier to do that than try to revoke citizenship.

Before anyone lights on me for being xenophobic, I don't care. We will now have to support the wife and kids since this earner is off the scene, and when he is eventually released he will be unemployable, so guess what, yup, more social supports.

I do realise that native Irish have committed heinous crimes and are supported by the State, but do we really need to import them anymore? Is it a Government plan to have the State full of immigrants, asylum seekers or what?

sdanseo wrote: »

If it was that simple we'd have a referendum once a month. Almost 40 amendments in 80 years is high enough as it is, while the Constitution is and should be a living, breathing document, amendments should still be reasonably well spaced out as society develops.

I don't think there should be any limit on that, I mean as far as Ireland goes you are a Republic but referendums are a democratic exercise and I don't see the problem with them on matters of social and cultural sensibility. US states include propositions and statewide amendments, countwide and districtwide amendments on ballots frequently, almost for every vote whether midterm, primary or general or otherwise.

I'm trying to place myself in the shoes of someone who becomes a citizen of another country and then goes on to commit a hideous crime. I can't really see myself feeling hard done by if my acquired citizenship was then revoked. I'd still have my original citizenship so its not like i'd be stateless.

Overheal wrote: »

I don't think there should be any limit on that, I mean as far as Ireland goes you are a Republic but referendums are a democratic exercise and I don't see the problem with them on matters of social and cultural sensibility. US states include propositions and statewide amendments, countwide and districtwide amendments on ballots frequently, almost for every vote whether midterm, primary or general or otherwise.

Agree in principle, but there has to be a sensible restraint on it also.

The US system has its merits and the autonomy granted to local government is much greater than here including a lot of executive power. There are downsides to that too, not least the cost of it.
Overall I do think we need to empower local government a bit more.

On citizenship, the bar to attain it should be very high. I don't think 5 years managing not to break any laws (or in some cases, not even that) should be enough. There should have to be a process through which one can exemplify a contribution to the national interest.

I have no objection to permanent residency for anyone who is paying taxes and not taking a job or benefit which could otherwise be readily filled by an Irish citizen. The US make this very restrictive, though I get that it is open to abuse if employers can make these declarations lightly. Again a balanced approach is I believe one we should employ.

There was an RTÉ article today (of course, totally biased in favour of mass immigration, but that's a whooolllle different thread) which showed a young fella celebrating Eid in croker. Cork accent, hurl under arm, festooned in O'Neills sportswear and joking about the craic. That's integration. Hand him a passport.

Sand wrote: »

Your question is not the problem. The problem here is that the Irish state imported this individual into the country and this person committed a horrendous violation of an Irish person. The state failed their duty of care to that Irish person.

I don't know the background of this individual, but you seem to suggest he was a refugee. If he wasn't, then the state had nothing to do with it as it's possible to move to the country and look for work etc.