Australian Citizenship, Your Right, Your Responsibility

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Contents Foreword ......................................................................................................................................................................3 Executive Summary ......................................................................................................................................................4 Parameters of the consultation....................................................................................................................................6 List of recommendations..............................................................................................................................................7

Promoting community understanding of and respect for Australian citizenship ....................................................7 Strengthening the pathway to citizenship................................................................................................................7 Australia's migration and settlement story..................................................................................................................9 1. Promoting community understanding of Australian citizenship........................................................................10 Consideration .........................................................................................................................................................13 Recommendations .................................................................................................................................................. 15 2. Strengthening the pathway to citizenship..........................................................................................................16 Consideration .........................................................................................................................................................18 Recommendations .................................................................................................................................................. 22 Appendix A: Input to the consultation paper ............................................................................................................23

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Foreword

Senator the Hon. Concetta Fierravanti-Wells Minister for International Development and the Pacific

The Hon. Philip Ruddock MP Special Envoy for Human Rights

Prime Minister and Minister Dutton,

We thank you for the opportunity to lead the National Consultation on Australian Citizenship. Australian citizenship binds all Australians together in a common bond. Australia's success as a vibrant, diverse country, built on a tradition of settlement and integration of new arrivals over time, is the envy of many countries. Our peaceful and prosperous way of life, and our mutual respect and tolerance for one another are hallmarks of our multicultural nation. Citizenship is an important and integral part of that settlement journey.

Our consultation shows that Australians hold dear their citizenship. This is more than a simplistic attachment to the formal privileges of citizenship. Australians see citizenship in a deeper sense ? of having a stake in our future as a prosperous and diverse nation and in the values that underpin this.

Australians are concerned however, that citizenship is undervalued by some in our community. This concern is most acute in the cases of Australians who by their conduct have chosen to break with the values inherent in being an Australian citizen with a commitment to Australia first most and fore most. It is timely to review the citizenship framework, to ensure community understanding of and respect for Australian citizenship and to strengthen the pathways to citizenship so that all Australians know and understand their responsibilities and obligations as citizens.

These consultations and their recommendations are not an endpoint. Instead, they are another input to Government's efforts to maintain and build a cohesive, peaceful and prosperous society. We present this report to you and look forward to further discussions on the recommendations.

Senator the Hon. Concetta Fierravanti-Wells

The Hon. Philip Ruddock MP Page 3 of 23

Executive Summary

This report provides an overview and a number of recommendations to the Prime Minister and the Minister for Immigration and Border Protection regarding Government's understanding and development of Australian citizenship.

Throughout the process of consultations, public forums, expert panels, online and written surveys and direct contact with Members of Parliament contributed to the development of recommendations.

In general, participants were found to value Australian citizenship highly. Many noted the importance of citizenship along with the privileges attached to it. There was however, a feeling that while citizenship is important, it may be misunderstood or in some instances undervalued.

In the consultations a range of areas were discussed with a view to increasing the value and understanding of Australian citizenship. Respondents listed civics education as a key area that should be addressed and updated to ensure that all Australians, including those born in Australia, understand the rights and responsibilities attached to Australian citizenship. A large number suggested the civics education component could be taught in the national curriculum as well as discussed within community and church groups. A majority of respondents also suggested that significant community events such as Australia Day, ANZAC Day and Harmony Day should be used to promote a sense of community; many felt the citizenship pledge could play a key role in achieving a greater sense of understanding and belonging.

Respondents also noted the need for the pathway to citizenship to reflect the modern society we live in. Respondents suggested enhancements the role that information technology plays by providing greater online resources to citizens and to those seeking to become Australian citizens.

In line with the views on the value of citizenship, there was a range of views on the residence requirements. A majority of respondents supported lengthening the residence requirement from its current four year's lawful stay. There were other suggestions for different total residency periods. There were also views expressed on the type of visa that should be held before a person could meet the residency requirement as well as a range of views on what constituted an appropriate duration of permanent residence for citizenship qualification.

A residence requirement in citizenship law is an objective measure of a person's association with Australia. It also serves as a probationary period, so that a person's word and deeds across this time can be considered should the person apply for Australian citizenship. Increasing the value and integrity of citizenship by changing the residence requirement from four years lawful stay to four years permanent residence is appropriate, as is limiting the degree of flexibility that can be applied to meet it. This activity should be augmented by a strong civics education programme.

The credibility and validity of the Citizenship Test was raised during the course of the consultations. There is support for maintaining a test, but most viewed that a limit should be placed on how many times an individual can sit the test before their application is refused. Many suggested that a person should have to resubmit an application for citizenship following a series of failed attempts at the Test. Respondents viewed cheating on the Citizenship Test as very serious and believed that appropriate penalties should be applied for those found to be cheating.

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The multi-lingual skills migrants bring to Australia are a great asset, but respondents noted that a lack of English language proficiency undermines a person's ability to engage in and contribute fully to our nation. English is our national language and is the common language of communication in Australia. While many were aware of existing programmes aimed at enhancing a person's English language ability, they suggested that this be improved in terms of access and content. Raising proficiency of English from basic to adequate is important for citizenship. Overall there remains a strong view in the community that Australian citizenship is a concept worth valuing and certainly worth protecting. While we strongly encourage migrants to become citizens, it is not something that should be earned too easily or given away cheaply. Citizenship means so much and so many things to Australians, but they overwhelmingly agree that while it offers rights to belong in our society, we need also to value the responsibilities that come with it.

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Parameters of the consultation

On 26 May 2015, the then Prime Minister, the Hon. Tony Abbott MP and the Minister for Immigration and Border Protection, the Hon. Peter Dutton MP announced a National Consultation to improve understanding of the privileges and responsibilities of Australian citizenship. The Prime Minister appointed us to lead the consultation.

On that date, the Prime Minister also announced new legislative measures to enable dual nationals who engage in terrorism to lose their Australian citizenship. The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (the Allegiance Bill) was referred to the Joint Standing Committee on Intelligence and Security for inquiry. Given the two processes ran concurrently, there was commentary on the Allegiance Bill raised during our consultations. The Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (the Allegiance Act) was passed by both Houses of Parliament on 3 December 2015 and received Royal Assent on 11 December 2015. It came into effect on 12 December 2015. This amendment enables explicit powers for the cessation of Australian citizenship in specified circumstances where a dual citizen engages in terrorism-related conduct. It applies to a person who is a dual-national regardless of how they became an Australian citizen, including a person who became an Australian citizen upon birth.

The objective of our consultation was to seek views of all Australians' understanding of the privileges and responsibilities of citizenship and the value of citizenship. The consultation paper sought views from the public about measures to promote the value of Australian citizenship, including citizenship measures to deter Australians becoming involved in terrorism.

Public responses to the consultation paper were sought by 30 June 2015 and a range of mechanisms to provide input were adopted:

? completing an online survey, at ; ? emailing their views to a purpose-built email box; ? writing to Citizenship Policy at the Department of Immigration and Border Protection (DIBP); ? writing the Minister for Immigration and Border Protection; ? corresponding with their local federal representative, who passed their views to us; and ? attending a public forum.

These consultations were advertised in major metropolitan and ethnic media, as well as on social media. We wrote to over 1,500 organisations seeking their input. People were invited based on their particular interest, experience or expertise in citizenship to put their views directly to us. Forums were held across the country. The consultation has:

? received 2,544 responses to the on-line survey and more than 400 written submissions from the public and stakeholders in the settlement and multicultural affairs area;

? held three face-to-face consultations in Canberra, Melbourne and Sydney and two videoconferences with key stakeholders involved in citizenship law and policy; and

? held public consultations in New South Wales, Queensland, Victoria, Northern Territory, South Australia, Western Australia and Tasmania.

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The report provides an overview of the public consultation responses and our recommendations in two broad themes:

? promoting community understanding of Australian citizenship; and ? strengthening the pathway to citizenship. It is not necessary to comment on Citizenship in the age of terrorism as this matter has been considered by several Parliamentary Committees and through the passage of the Allegiance Act. We believe the record of the Parliamentary debate addresses the issue. The consultation, while broad in some areas sought to address key issues such as value and understanding of the rights and responsibilities of Australian citizenship. Accordingly detailed analysis of legislation or guidelines did not form part of this consultation.

List of recommendations

Promoting community understanding of and respect for Australian citizenship 1. The Government should promote an inclusive understanding of Australian citizenship as a `common

bond', founded on shared values, rights and responsibilities and encourage expression of these values in everyday life.

2. Information on citizenship should be prominently displayed in Government shopfronts, at the border, in overseas posts and as part of the Australian Electoral Commission's enrolment processes.

3. The Civics and Citizenship component of the National Curriculum should be updated to include material on allegiance to Australia.

4. Online and other programmes should be developed to provide civics and citizenship education to newly arrived migrants and the wider community, drawing on the Civics and Citizenship curriculum as appropriate. The promotion of civics and citizenship should be a condition of contracts with settlement services providers.

5. The Citizenship Pledge should be updated to include language on allegiance to Australia.

6. Consideration should be given to expanding the usage of the Pledge to the broader community, for example, through school and community events.

Strengthening the pathway to citizenship 7. Citizenship should remain a desirable and obtainable goal for those legal migrants and permanent

residents who wish to become fully fledged members of Australian society, committed to its values and its interests. On balance, dual citizenship benefits Australia and should remain an option available to Australians.

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8. The Government should continue to strengthen the integrity of the citizenship process, including through elements proposed in the Australian Citizenship and Other Legislation Amendment Bill 2014.

9. In recognition of the role permanent residency plays as a qualifying step towards becoming a citizen, the Government should consider measures to strengthen the integrity of the permanent residency programme, including through appropriate civics education and other processes, such as testing.

10. The general residence requirement should be increased to a minimum of four years permanent residence immediately prior to the application for citizenship, during which time applicants may be absent from Australia for no more than 12 months in total. Applicants for citizenship should be physically in Australia to lodge their application and to acquire Australian citizenship at a ceremony.

11. The Citizenship Test should be retained, revised and updated including online and other means if necessary to include questions about allegiance and more questions about the rule of law, values and democratic rights and responsibilities.

12. The integrity of the Citizenship Test should be strengthened through limits on the number of times a person can sit but fail to pass the Test before their application is refused. A person can make a new application for citizenship once s/he has gained a sufficient understanding to enable them to pass the test. Cheating on the Citizenship Test should incur appropriate penalties.

13. The Government should ensure more individuals formally make the Pledge by reducing the exemptions from participation in citizenship ceremonies and by including the Pledge in processes whereby citizenship is gained by descent, adoption or resumption on reaching their maturity.

14. The Government should clarify public understanding that all Australian-born citizens and those who have citizenship by descent are bound by the responsibilities and privileges of citizenship as set out in the Preamble.

15. In view of the strong emphasis the community places on English language, the Government should improve the Adult Migration English Program (AMEP) and ensure new citizens have adequate (not just basic) language ability, taking into account particular circumstances.

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