ISCR Case 05-10436.h1

Case Headnote

ISCR Case No. 05-10436.h1

deniedOct 23, 2006· Hon. LeRoy F. Foreman· hearing

Summary

A 25-year-old U.S. citizen, who also holds Australian dual citizenship, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's active Australian passport and extensive family ties to foreign nationals were central to the decision.

Specifically, the applicant's wife is an Austrian citizen residing in the U.S., and his mother, brother, and sister are Australian or dual U.S.-Australian citizens also residing in the U.S. Further foreign connections include a grandfather who is an Australian citizen and resident, and parents-in-law and a wife's aunt who are Austrian citizens and residents, with the aunt employed by the Austrian government. The applicant also maintained a bank account in Austria and traveled there at least eight times since July 2000.

The denial was based on the applicant's maintenance of an active Australian passport, which indicated foreign preference, and his unwillingness to renounce his Australian citizenship. The strong family ties to foreign nationals, including his Austrian spouse and Australian relatives, were deemed not sufficiently mitigated, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant maintained an active Australian passport, indicating foreign preference.
The applicant expressed unwillingness to renounce his Australian citizenship, which raised security concerns.
The applicant has strong family ties to foreign nationals, including an Austrian spouse and Australian relatives, which were not sufficiently mitigated.

Conditions Referenced

Disqualifying

DC 1raisedDual Citizenship
DC 2raisedPossession of Foreign Passport
DC 1raisedImmediate Family Member in Foreign Country
DC 2raisedSharing Living Quarters with Foreign National
DC 3raisedRelative Connected with Foreign Government

Mitigating

MC 1appliedDual Citizenship Based Solely on Parent's Citizenship
MC 3appliedCasual and Infrequent Contact with Foreign Citizens
MC 4rejectedWillingness to Renounce Dual CitizenshipThe applicant expressed unwillingness to renounce his Australian citizenship.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedMar 10, 2006
Answer filedApr 5, 2006Applicant elected to have the case decided on the written record.
Hearing held—No hearing was held.
Decision dateOct 23, 2006

Cite For

Security Concerns Related to Dual Citizenship Under Guideline C
Impact of Family Ties to Foreign Nationals Under Guideline B
Criteria for Mitigating Foreign Influence and Preference Concerns

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 wife is a citizen of Austria residing in the U.S.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Austria	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.b	his mother is a citizen of Australia residing in the U.S.	Against Applicant	Parent 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	—	—
2.c	his brother and sister are dual U.S.-Australian citizens residing in the U.S.	For Applicant	Sibling in Foreign Country Immediate Family	Australia	Admitted	—	—	—
2.d	his grandfather is a citizen and resident of Australia	Against Applicant	Parent in Foreign Country Immediate Family	Australia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	his parents-in-law are citizens and residents of Austria	Against Applicant	In Law in Foreign Country Immediate Family	Austria	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.f	his wife's aunt is a citizen and resident of Austria employed by the Austrian government	For Applicant	Foreign Government Contact Extended Family GOVT-AFFILIATED	Austria	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(c) contact so casual and infrequent there is little likelihood of risk	—
2.g	he maintains a bank account in Austria	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Austria	Admitted	(h) foreign nationals acting to increase the individual’s vulnerability	—	—
2.h	he traveled to Austria at least eight times since July 2000	For Applicant	Unspecified Foreign Relationship Other	Austria	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

his wife is a citizen of Austria residing in the U.S.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Austria

Admitted

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

(b) connections creating a potential conflict of interest

—

2.b

his mother is a citizen of Australia residing in the U.S.

Against Applicant

Parent 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

—

2.c

his brother and sister are dual U.S.-Australian citizens residing in the U.S.

For Applicant

Sibling in Foreign Country

Immediate Family

Australia

Admitted

—

2.d

his grandfather is a citizen and resident of Australia

Against Applicant

Parent in Foreign Country

Immediate Family

Australia

Admitted

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

—

2.e

his parents-in-law are citizens and residents of Austria

Against Applicant

In Law in Foreign Country

Immediate Family

Austria

Admitted

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

—

2.f

his wife's aunt is a citizen and resident of Austria employed by the Austrian government

For Applicant

Foreign Government Contact

Extended Family

GOVT-AFFILIATED

Austria

Admitted

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

(c) failure to report or disclose association with a foreign person/group/government

(c) contact so casual and infrequent there is little likelihood of risk

—

2.g

he maintains a bank account in Austria

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Austria

Admitted

(h) foreign nationals acting to increase the individual’s vulnerability

—

2.h

he traveled to Austria at least eight times since July 2000

For Applicant

Unspecified Foreign Relationship

Other

Austria

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship with the U.S. and Australia by possessing an active 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Applicant possesses an active Australian passport.	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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship with the U.S. and Australia by possessing an active 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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

Applicant possesses an active Australian passport.

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.

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES