▶ Citizenship Loss Risk – Greek Australians who took up Greek citizenship between 1984–2002 may have unknowingly lost their Australian citizenship due to Section 17 of the 1948 Citizenship Act .

▶ The Act was repealed in April 2002 but not retrospectively – it may impact on those who acquired a second citizenship during the 18-year period in question.

▶ ETIAS Impact – The new EU travel authorisation requirement may expose individuals, risking re-entry issues, though the government “does not expect” ETIAS to “impact” dual nationals.

In an opinion piece for Neos Kosmos citizenship expert Danae Konidaris writes that Greek Australians who acquired Greek citizenship between 18 Nov 1984 and 4 April 2002, may face a shock, when traveling internationally from mid-2025.

Konidaris suggests the implementation of the new European Travel Information and Authorisation System (ETIAS) procedures, opens the possibility that dual citizens may find themselves no longer recognised as Australian citizens—due to an obscure clause in the old Australian Citizenship Act of 1948.

Section 17 of the 1948 Citizenship Act may result in Australian-born individuals unsuspectingly losing their Australian citizenship, upon obtaining a second nationality while living in Australia or residing overseas. The Act was repealed in April 2002, however not retrospectively. And it may impact on those who acquired a second citizenship during the 18-year period in question.

Section 17 applied to Australian-born citizens who took on another nationality while living abroad which led to an automatic loss of their Australian citizenship. After its amendment in November 1984, the law was expanded to include those who acquired dual citizenship while still living in Australia.

With ETIAS set to come into effect in 2025, dual nationals traveling from Australia to the EU will be subject to enhanced digital checks and there is a risk, says Konidaris, that upon departure, or re-entry, Australian authorities may detect individuals who are, “in legal terms, no longer Australian citizens”.

So, one could be barred from re-entering Australia on an Australian passport or be required to apply for a visa to return, according to Konidaris.

Those affected may find themselves suddenly no longer Australian citizens and would need to apply to resume their Australian citizenship.

A Department of Home Affairs spokesperson replying to questions from Neos Kosmos stated that the “Department does not expect the introduction of the European Travel Information and Authorisation System (ETIAS) to impact people in Australia who hold dual citizenship”.

“The Department is aware that some people are impacted by loss of Australian citizenship under section 17 of the Australian Citizenship Act 1948 (the 1948 Act) as a result of acquiring the nationality or citizenship of a foreign country before 3 April 2002.

The 2002 legislation introduced by then Coalition immigration minister Philip Ruddock repealed section 17 to allow dual citizenship, however it was not made retrospective.

The government spokesperson went on to state that the Australian Citizenship Act 2007 “provides for resumption of Australian citizenship by application for persons who ceased to be an Australian citizen” under section 17 of the 1948 Act. However, without a retrospective repeal, this obscure 1948 Act may impact on those who obtained a second citizenship in the 18-year period in question.

Subsection 21(6) of the 2007 Act means that “a person is eligible to become an Australian citizen by conferral if: the person was born outside Australia to a parent who was not an Australian citizen at the time of the person’s birth; and the parent had ceased to be an Australian citizen under section 17 of the 1948 Act”.

The spokesperson acknowledged that “if a loss of citizenship under section 17 of the 1948 Act occurred automatically, by operation of law”, it is usually the case “that a person, and the Department, are unaware of the loss”.

“It may not come to light until a later interaction with the Department, if at all” wrote the spokesperson.

They went on to say that anyone who may have ceased to be an Australian citizen under section 17 of the 1948 Act before 3 April 2002 – “can apply to resume their Australian citizenship”.

If, then the application for a resumption of Australian citizenship is approved, the dual national who “will become an Australian citizen on the day the Department approves their application”.

“Their citizenship status will not apply retrospectively to the date they lost Australian citizenship.”

The implication for parents who have lost their Australian citizenship under section 17 of the 1948 Act, is also significant, because “their child may also have lost their citizenship at the same time. An individual assessment of the child’s circumstances would need to be made” wrote the Department spokesperson.

Neos Kosmos has gone back to the Department and asked if the government will consider an update the 2002 legislation to make it retrospective and to ensure those dual nationals never lost their Australian citizenship, and is awaiting their response.

The ramifications of the section 17 amendments in 2002 means there could be hundreds, or thousands of people unknowingly affected.

Neos Kosmos has also queried the government that if people have been living and working in Australia as ‘non-citizens’ without their knowledge that this could have further consequences for all their activities whilst living and working in Australia.

Information on the loss of Australian citizenship on acquisition of another citizenship may be found on the Department’s website.