Summary
Applicant, a 59-year-old U.S. citizen, obtained Australian citizenship and a foreign passport while living in Australia from 1991 to 1998, during which he voted in Australian elections. Although he renounced his foreign citizenship and returned his passport, the judge found that he failed to mitigate concerns under Guideline C regarding foreign preference, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The applicant's wife and children are dual citizens of the U.S. and Australia (2.a). One of the applicant's children holds British citizenship by virtue of his birth in that country while the applicant was assigned there by the U.S. Navy (2.b). The applicant was acquainted with two associates he worked with while living in Australia (2.c). The applicant may receive at most $5,000 from an Australian retirement account (2.d). The applicant has ongoing foreign citizenship and minimal contacts with foreign nationals (2.e). Applicant obtained foreign citizenship while living in Australia from 1991 until 1998 (1.a). Applicant held a foreign passport while living in Australia (1.b). Applicant voted in foreign elections while living in Australia (1.c). Applicant obtained Australian citizenship to further his own business and career interests in that country (1.d). Applicant obtained an Australian security clearance based on his foreign citizenship (1.e). Applicant used a foreign passport to enter and exit Australia (1.f). Applicant received and used a foreign passport in lieu of his U.S. passport (1.g). Applicant's actions indicate a preference for a foreign country over the United States (1.h).
The judge denied the clearance. The government raised disqualifying conditions C1, C2, C5, C6. The decision turned on the following: Applicant obtained and exercised Australian citizenship while still a U.S. citizen; He voted in Australian elections, indicating a preference for a foreign country; Applicant's actions suggested he was willing to bear arms for Australia to further his business interests.
Why the Applicant Was Denied
- Applicant obtained and exercised Australian citizenship while still a U.S. citizen.
- He voted in Australian elections, indicating a preference for a foreign country.
- Applicant's actions suggested he was willing to bear arms for Australia to further his business interests.
Conditions Referenced
- C1raisedForeign Preference - Exercise of Rights of Foreign Citizenship
- C2raisedForeign Preference - Use of Foreign Passport
- C5raisedForeign Preference - Dual Citizenship
- C6raisedForeign Preference - Potential for Foreign Influence
Key Rule Quoted
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedNov 21, 2003
- Answer filed—
- Hearing heldApr 12, 2005
- Decision dateSep 30, 2005Decision issuance delayed due to large case load.
Cite For
- Foreign Preference Concerns Under Guideline C
- Impact of Foreign Citizenship on Security Clearance Eligibility
- Consideration of Dual Citizenship in Security Clearance Decisions