Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 - Submission 449 - Senate Legal and Constitutional Affairs Committee Submission

Sep 18, 2026

Submission 449 to the Senate Legal and Constitutional Affairs Committee addresses the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017. The Refugee Council of Australia (RCOA) urges the Bill not to be passed, arguing it would disproportionately affect refugees and humanitarian entrants. The submission contends the Bill shifts citizenship policy from inclusion to exclusion, restricts merits and judicial review, expands ministerial discretion, weakens the rule of law, and undermines social cohesion, while noting concerns about eligibility, integration, residence, ten-year rule, and potential revocation for fraud or misrepresentation.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages19

Reading Time48 min

AccessFree to download

Overview and RCOA position

Disproportionate impact on refugees and humanitarian entrants

Effects on social cohesion and citizenship values

Rule of law and review restrictions

Key concerns and proposed measures

Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 Submission 449 SENATE LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE SUBMISSION ON THE AUSTRALIAN CITIZENSHIP LEGISLATION AMENDMENT (STRENGTHENING THE REQUIREMENTS FOR AUSTRALIAN CITIZENSHIP AND OTHER MEASURES) BILL 2017 JULY 2017 The Refugee Council of Australia (RCOA) is the national umbrella body for refugees, people seeking asylum and the organisations and individuals who work with them, representing over 190 organisations and 1,000 individual members. RCOA promotes the adoption of humane, lawful and constructive policies by governments and communities in Australia and internationally towards refugees, people seeking asylum and humanitarian entrants. RCOA consults regularly with its members, community leaders and people from refugee backgrounds and this submission is informed by their views. RCOA welcomes the opportunity to express its profound concerns about the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) . We strongly recommend that this Bill should not be passed. This Bill reflects in part changes proposed in the Government’s recent Discussion Paper, 1 and in part the Bill also reflects changes previously proposed in the Australian Citizenship and Other Legislation Amendment Bill 2014 (the 2014 Bill) . RCOA made submissions in relation to both the Discussion Paper and to the 2014 Bill, and this submission reflects our previously stated concerns.2 For refugee and humanitarian entrants, Australian citizenship has a special significance . Gaining citizenship marks both their integration into their new country and the end of their displacement. For many, it will mark the first time they have experienced the protection of a State, rather than its persecution. Citizenship provides them with the safety they need to settle and to heal, and gives them the security to build and imagine their new lives. For this reason, most refugees and humanitarian entrants are eager to apply for citizenship as soon as they can , and prize it highly. The current Bill would disproportionately affect refugees, and it would fundamentally alter the nature of Australian citizenship. The proposals in the Bill would effectively convert citizenship policy from being a tool of inclusion to a tool of exclusion. Other provisions in the Bill, by limiting merits review 1 Department of Immigration and Border Protection, Strengthening the Test for Australian Citizenship (Discussion Paper, April 2017)<[https://www.border.gov.au/ReportsandPublications/Documents/discussion-papers/citizenship-paper.pdf](https://www.border.gov.au/ReportsandPublications/Documents/discussion-papers/citizenship-paper.pdf)> . 2 Refugee Council of Australia, Response to the Proposed Citizenship Changes (Submission, June 2017) <[http://www.refugeecouncil.org.au/publications/submissions/proposed-citizenship-changes/](http://www.refugeecouncil.org.au/publications/submissions/proposed-citizenship-changes/)>; Refugee Council of Australia, Australian Citizenship and Other Legislation Amendment Bill 2014 (Submission, Senate Legal and Constitutional Affairs Committee, November 2014) <[http://www.refugeecouncil.org.au/wp-content/uploads/2015/05/1411-Citizenship.pdf](http://www.refugeecouncil.org.au/wp-content/uploads/2015/05/1411-Citizenship.pdf)> . Sydney off ce: Su te 4A6, 410 E zabeth Street Surry H s NSW 2010 Austra a Phone: (02) 9211 9333 ● Fax: (02) 9211 9288 [adm n@refugeecounc .org.au](adm n@refugeecounc .org.au) [Web: www.refugeecounc .org.au](Web: www.refugeecounc .org.au) ●Tw tter: @OzRefugeeCounc Me bourne off ce: Leve 6, 20 Otter Street Co ngwood VIC 3066 Austra a Phone: (03) 9600 3302 [adm n@refugeecounc .org.au](adm n@refugeecounc .org.au) Incorporated n ACT ● ABN 87 956 673 083 Australian Citizenship Legislation A

FAQs

What is the Refugee Council of Australia’s overall position on the Bill?

RCOA strongly recommends the Bill should not be passed, based on profound concerns about its effects on citizenship policy and applicants.

Why does the submission argue the Bill would affect refugees and humanitarian entrants disproportionately?

It states the proposals would fundamentally alter Australian citizenship and shift it from inclusion to exclusion, denying citizenship to people who value it most and are most vulnerable.

Which legal and governance changes does the submission criticize?

It criticizes provisions that grant the Minister extraordinary powers, limit access to merits and judicial review, and reduce parliamentary scrutiny, saying these undermine the rule of law.

Sep 18, 2026

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