Pledge May Be Delayed


Ministerial discretion to refuse despite eligibility

Note that the minister retains a general right to refuse citizenship even if the person is otherwise eligible as s. 24(2) states:

(2)  The Minister may refuse to approve the person becoming an Australian citizen despite the person being eligible to become an Australian citizen under s 21(2), (3), (4), (5), (6), (7) or (8).

If visa cancellation is on the horizon then the Minister can force a person not to take the pledge.  If the visa is cancelled before the pledge then the Minister may revoke the previous approval of citizenship.

Delayed making of pledge

             (3)  If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that:

                     (a)  a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or

                     (b)  the person has been or may be charged with an offence under an Australian law.

             (4)  The Minister must not specify a period that exceeds, or periods that in total exceed, 12 months.

Barbara Davidson