Citizenship – Islamic State declared terrorist organisation

Legislative Instrument – F2016L00665 – Australian Citizenship (Declared Terrorist Organisation—Islamic State) Declaration 2016, declares Islamic State a terrorist organisation for the purposes of s35AA of the Australian Citizenship Act 2007.  

Under this Instrument individuals with links to Islamic State may fall within the circumstances of s33AA or s35 of this Act. 

Section 33AA

Provides for the cessation of citizenship of an Australian citizen (who is aged 14 or older and is also a national or citizen of another country) who engages in specified terrorist conduct, while being a member of a declared terrorist organisation, or while acting on instruction of, or in cooperation with, a declared terrorist organisation.

Section 35

Provides for the cessation of Australian citizenship of a person (who is aged 14 or older and is also a national or citizen of another country) who fights for or in the service of a declared terrorist organisation, where the person’s service or fighting occurs outside Australia.

This Instrument commences on 6 May 2016.