21Deprivation of citizenship

#### 21 Deprivation of citizenship (1) Where: (a) a person who is an Australian citizen by virtue of a certificate of Australian citizenship: (i) has been convicted of an offence against section 50 in relation to the application for the certificate of Australian citizenship; or (ii) has, at any time after furnishing the application for the certificate of Australian citizenship (including a time after the grant of the certificate), been convicted of an offence against a law in force in a foreign country or against a law of the Commonwealth, a State or Territory for which the person has been sentenced to death or to imprisonment for life or for a period of not less than 12 months, being an offence committed at any time before the grant of the certificate (including a time before the furnishing of the application); or (iii) in respect of a person who was granted the certificate of Australian citizenship as a result of an application for the certificate made after the commencement of this subparagraph—obtained the certificate as a result of migration‑related fraud; and (b) the Minister is satisfied that it would be contrary to the public interest for the person to continue to be an Australian citizen; the Minister may, in the Minister’s discretion, by order, deprive the person of his or her Australian citizenship, and the person shall, upon the making of the order, cease to be an Australian citizen. > Note: If a person is convicted of a “people smuggling” offence against section 232A, 233 or 233A of the Migration Act 1958, and is sentenced to imprisonment for a period of not less than 12 months, the person may be liable to deprivation of citizenship—see subparagraph (1)(a)(ii) of this section. (1A) For the purposes of subparagraph (1)(a)(iii), a person is taken to have obtained a certificate of Australian citizenship as a result of migration‑related fraud if, and only if: (a) at any time (including a time after the grant of the certificate) the person was convicted of an offence against section 234, 236, 243 or 244 of the Migration Act 1958, or section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code, that was committed at any time before the grant of the certificate (including a time before the making of the application); and (b) the act or omission that constituted the offence was connected with the person’s entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia. (1B) Subsection (1A) does not apply to a person in respect of an offence if the Minister is satisfied that the act or omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident. (2) A reference in subsection (1) to a conviction of an offence includes a reference to the making of an order under subsection 19B(1) of the Crimes Act 1914 or the corresponding provision of a law in force in a foreign country or of a law of a State or Territory in relation to the offence. (3) Where the Minister makes an order under subsection (1) depriving a person of Australian citizenship, the Minister shall, if the person is present in Australia, cause to be served on the person a copy of that order. The copy of that order may be served personally, by post or by an electronic communication.