Commonwealth Consolidated Acts

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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 52

Review of decisions

  (1)   An application may be made to the Administrative Review Tribunal for review of the following decisions:

  (a)   a decision under section   17 to refuse to approve a person becoming an Australian citizen;

  (aa)   a decision under section   19D to refuse to approve a person becoming an Australian citizen;

  (b)   a decision under section   24 to refuse to approve a person becoming an Australian citizen;

  (c)   a decision under section   25 to cancel an approval given to a person under section   24;

  (d)   a decision under section   30 to refuse to approve a person becoming an Australian citizen again;

  (e)   a decision under section   33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection   33(5) (about war);

  (f)   a decision under section   34 or subsection   36(1) to revoke a person's Australian citizenship;

  (g)   a decision under section   37 to refuse to give a person a notice stating that the person is an Australian citizen at a particular time.

Citizenship by conferral decision

  (2)   However, if:

  (a)   the Minister makes a decision under section   24 to refuse to approve a person becoming an Australian citizen; and

  (b)   the Minister's reasons for the decision did not refer to the eligibility ground in subsection   21(8) (about statelessness); and

  (c)   the person was aged 18 or over at the time the person made the application to become an Australian citizen;

a person (the applicant ) cannot apply for review of that decision unless the applicant is a permanent resident.

  (3)   For the purposes of the Administrative Review Tribunal reviewing a decision of a kind referred to in paragraph   (1)(b):

  (a)   the Tribunal must not exercise the power under subsection   22A(1A) or 22B(1A); and

  (b)   the Tribunal must not review any exercise of the power or any failure to exercise the power.



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