Standard Operating Procedure - Acquisition And Loss Of Australian Citizenship By Operation Of Law, September 2024 ​

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This Standard Operating Procedure from the Department of Home Affairs' Citizenship Operations Section (approved September 2024) outlines processes for assessing Australian citizenship acquisition and loss by operation of law under the Australian Citizenship Act 2007 and 1948 Act. The procedure covers citizenship determination through transitional arrangements, birth in Australia, tenth birthday provisions, and ordinary residence assessments, including relevant case law guidance. It addresses citizenship by adoption, parent-child relationship confirmation (including New Zealand citizen parents), and loss of citizenship assessments with required documentation. The document establishes accountability frameworks, control matrices, and consultation requirements for citizenship status determinations and recording findings of fact on the ICSE system. It provides guidance to Department staff on statutory powers and obligations governing automatic citizenship acquisition and cessation.