Лишение/аннулирование (в т.ч. CBI аннулирование)

Примеры сценариев

Примеры сценариев приведены на английском языке.

• Liable to deprivation, subject to notice, a committee of inquiry and a right of appeal.

  Citizenship Act ss.8(a)/9 + Constitution s.94(d): the Minister may deprive a citizen by registration/naturalisation whose citizenship was obtained by false representation, fraud or wilful concealment of material facts. Procedure (s.10): written notice of grounds, a right to apply for an inquiry before a judge-chaired committee with legal representation, and the overarching 'not conducive to the public good' test. Constitution s.94(d) guarantees a right of appeal to a court.

• Liable to CBI-specific deprivation under s.8(c).

  Citizenship Act s.8(c): where citizenship was obtained under s.3(5) and, in LESS THAN FIVE YEARS from registration, the person divests the investment below the minimum (or, for real property, transfers ownership), the Minister may deprive him of citizenship — subject to the s.10 inquiry/appeal safeguards. The CBI-specific 5-year integrity rule; divestment at year 4 is squarely within the window.

• Deprivation is BARRED on that ground because it would render the person stateless.

  Citizenship Act s.9(1)(b) lets the Minister deprive a naturalised citizen convicted within five years and sentenced to >=12 months; BUT s.9(2) provides the Minister shall NOT deprive on that ground if it appears the person would thereupon become stateless. The anti-statelessness limit constrains deprivation even where the conduct condition is met. Distinguishes deprivable conduct from the statelessness bar.

• NOT deprivable — deprivation reaches only registered/naturalised citizens.

  Positive disconfirmation. Citizenship Act ss.8-9 and Constitution s.94(d) authorise deprivation only of persons who became citizens 'by virtue of registration or naturalisation'. A citizen by birth (Constitution s.91(a)) or by descent (ss.90-91) is outside the deprivation power and cannot be stripped of citizenship on these grounds. A core protection of jus-soli/jus-sanguinis status.

• May be deprived of SKN citizenship under the reciprocal s.11 provision, subject to inquiry safeguards.

  Citizenship Act s.11: where a citizen by naturalisation was also a citizen of a First-Schedule country and has been deprived of THAT citizenship on grounds substantially similar to the s.9(1) grounds, the Minister may, if satisfied it is not conducive to the public good for the person to remain a citizen, deprive him of SKN citizenship — with the s.10-style notice/inquiry safeguards (s.11(2)). The reciprocal-deprivation mechanism.

• Liable to deprivation under s.9(1)(a)(ii) — the statelessness bar does NOT apply to this ground.

  Citizenship Act s.9(1)(a)(ii): the Minister may deprive a naturalised citizen who at any time after naturalisation has been convicted by a competent court in any country of a criminal offence on conviction of which the death penalty OR a term of imprisonment of not less than SEVEN years may be imposed (no free pardon). Distinct from the s.9(1)(b) five-year/12-month ground: the s.9(2) statelessness bar by its terms applies ONLY to the s.9(1)(b) ground, so a person with another nationality convicted of a 7-year-imprisonable offence has no statelessness shield. Subject to the s.10 inquiry/appeal procedure and the 'not conducive to the public good' test.