34ARevocation by Minister—special residence requirements

34A Revocation by Minister—special residence requirements

(1) The Minister may, by writing, revoke a person’s Australian citizenship if: (a) the person is an Australian citizen under Subdivision B of Division 2; and (b) the person became an Australian citizen in circumstances where the Minister exercised the power under subsection 22A(1A) or 22B(1A); and (c) in a case in which the power was exercised under subsection 22A(1A)—the Minister is satisfied that the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; and (d) in a case in which the power was exercised under subsection 22B(1A)—the Minister is satisfied that: (i) the person will not be, or was not, ordinarily resident in Australia throughout the period of 2 years beginning on the day the person became an Australian citizen; or (ii) the person will not be, or was not, present in Australia for a total of at least 180 days during that 2‑year period. (2) However, the Minister must not decide under subsection (1) to revoke a person’s Australian citizenship if the Minister is satisfied that the person would, if the Minister were to revoke the person’s Australian citizenship, become a person who is not a national or citizen of any country. (3) The power under subsection (1) may only be exercised by the Minister personally. Time citizenship ceases (4) If the Minister revokes a person’s Australian citizenship, the person ceases to be an Australian citizen at the time of the revocation.

Note: A child of the person may also cease to be an Australian citizen: see section 36.