ISCR Case 15-00240.h1

Case Headnote

ISCR Case No. 15-00240.h1

deniedAug 17, 2016· Hon. Mark W. Harvey· hearing

Summary

A 59-year-old dual citizen of the United States and Australia was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's Statement of Reasons cited several issues, including his mother, brother, and sister residing in Australia, and his retention of an Australian savings account containing approximately $45,000.

Further concerns included the applicant's reinstatement of Australian citizenship and acquisition of an Australian passport in 2007, which he used for travel between 2008 and 2014. He also received Australian medical benefits and voted in an Australian election in 2012. These actions raised disqualifying conditions related to foreign preference and influence.

While the judge acknowledged several mitigating factors regarding foreign influence, the applicant's foreign preference concerns were not sufficiently addressed. Specifically, the retention of a current Australian passport after becoming a U.S. citizen, voting in an Australian election in 2012, and receiving Australian medical benefits were cited as key reasons for the denial of access to classified information.

Why the Applicant Was Denied

The applicant retained a current Australian passport after becoming a U.S. citizen.
The applicant voted in an Australian election in 2012, which is a disqualifying condition under AG ¶ 10(a)(7).
The applicant received Australian medical benefits while living in Australia, which is a disqualifying condition under AG ¶ 10(a)(3).

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 10(a)(3)raisedAccepting Medical Benefits From a Foreign Country
AG ¶ 10(a)(7)raisedVoting in a Foreign Election

Mitigating

AG ¶ 11(a)rejectedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant's dual citizenship is not solely based on parentage as he reinstated his Australian citizenship.
AG ¶ 11(b)notedWillingness to Renounce Dual Citizenship
AG ¶ 11(c)rejectedExercise of Rights Occurred Before U.S. Citizenship or as a MinorThe applicant exercised foreign citizenship rights after becoming a U.S. citizen.
AG ¶ 11(d)notedUse of a Foreign Passport Approved by Security Authority
AG ¶ 11(e)notedPassport Has Been Destroyed or Invalidated
AG ¶ 11(f)notedVote in a Foreign Election Encouraged by U.S. Government

Key Rule Quoted

“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”

Procedural Posture

SOR issuedAug 18, 2015
Answer filedSep 3, 2015
Hearing heldMar 17, 2016Rescheduled at applicant's request.
Decision dateApr 8, 2016

Cite For

Foreign Preference Concerns Under Guideline C
Disqualifying Conditions Related to Foreign Citizenship
Impact of Dual Citizenship on Security Clearance Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	His mother, brother, and sister are citizens and residents of Australia.	Against Applicant	Sibling in Foreign Country Immediate Family	Australia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Other
2.b	He has a savings account in Australia with about $45,000 in it.	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	Australia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Other
2.c	He received Australian medical benefits from the Australian government.	Against Applicant	Unspecified Foreign Relationship Other	Australia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Other
2.d	In 2012, he voted in an Australian election.	Against Applicant	Unspecified Foreign Relationship Other	Australia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Other
2.e	He reinstated his Australian citizenship and obtained an Australian passport.	Against Applicant	Unspecified Foreign Relationship Other	Australia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

His mother, brother, and sister are citizens and residents of Australia.

Against Applicant

Sibling in Foreign Country

Immediate Family

Australia

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Other

2.b

He has a savings account in Australia with about $45,000 in it.

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Australia

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Other

2.c

He received Australian medical benefits from the Australian government.

Against Applicant

Unspecified Foreign Relationship

Other

Australia

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Other

2.d

In 2012, he voted in an Australian election.

Against Applicant

Unspecified Foreign Relationship

Other

Australia

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Other

2.e

He reinstated his Australian citizenship and obtained an Australian passport.

Against Applicant

Unspecified Foreign Relationship

Other

Australia

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a(1)	in 2007, he reinstated his Australian citizenship and obtained an Australian passport	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.a(2)	he used his Australian passport from 2008 to 2014	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.a(3)	he received Australian medical benefits from the Australian government	For Applicant	Foreign Benefits or Education	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.a(4)	in 2012, he voted in an Australian election	Against Applicant	Foreign Voting	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.a(5)	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a(1)

in 2007, he reinstated his Australian citizenship and obtained an Australian passport

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.a(2)

he used his Australian passport from 2008 to 2014

Against Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.a(3)

he received Australian medical benefits from the Australian government

For Applicant

Foreign Benefits or Education

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.a(4)

in 2012, he voted in an Australian election

Against Applicant

Foreign Voting

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.a(5)

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES