Australian Citizen Laws

Almost all of the provisions relating to the withdrawal of citizenship of naturalized persons were repealed in 1958. [33] On the other hand, Australian citizens who had acquired foreign citizenship by means other than marriage were automatically expatriated and lost their Australian citizenship under this Act. Conversely, foreigners entitled to naturalization did not have to renounce their former nationality. [63] (b) the person was born in a foreign country or has his or her habitual residence in a foreign country and is not entitled under the law of that country to acquire the nationality or citizenship of that country because he or she is an Australian citizen. In their case before the Supreme Court, the men challenged the exercise of these detention and deportation powers on the grounds that, as Australian Aborigines (and in the case of Mr. Thoms, as holders of an indigenous title deed), they cannot be “foreigners” within the meaning of the Constitution. They argued that a foreign power build that has the potential to include Australian Aborigines “does not coincide with the unique historical status of Australian Aborigines as Australia`s first residents.” With this argument, they suggest that failure to comply with the legal definition of the term “citizen” does not necessarily make a person a “foreigner.” The significant delays appear to have been influenced by a number of factors. In its audit report, ANAO identified the introduction of improved integrity control processes in June 2017 as a key factor in increasing processing times and reducing the number of permits. It also noted an increase in applications in the 18 months following changes to citizenship criteria announced by the government in April 2017. Given that the government had anticipated that the proposed amendments would apply retroactively to the date of the announcement, there had been “a long delay before the start of the substantial processing of applications received on or after April 20, 2017,” which had a negative impact on processing times. The most common way to become an Australian citizen under this section is to be born in Australia and have a parent who is an Australian citizen or permanent resident at the time of your birth. (c) if the person is, or has ever been, a national or citizen of a country, or if Article 1(2)(iii) of the Convention on Stateless Persons applies to the person and the person is 18 years of age or older at the time of the application, the Minister shall be satisfied that the person is in good standing at the time he decides on the application. Due to the many changes to the criteria associated with citizenship status and eligibility, it is imperative that interested parties contact the Australian Department of Immigration and Multicultural Affairs (DIMA) for more information.

The enactment of the Nationality and Citizenship Act 1948 marked the first time the term “Australian citizen” has been used in legislation, including the Constitution. The Nationality and Citizenship (Burmese) Act 1950 corrected this discrepancy and removed people associated with Burma from British subject status. Individuals who had lost subject status as a result of this Act but became Australian citizens in 1949 could retain their citizenship by making formal declarations[75] within two years of the act`s enactment. [76] Parliament recognises that Australian citizenship is a full and formal membership in the Commonwealth of Australia community and that Australian citizenship is a common bond that includes mutual rights and duties and unites all Australians while respecting their diversity. People who lose their Australian citizenship can apply to take them back in certain circumstances. (4) If the person does not fall under subsection (4B), the Minister may not authorize the person to become an Australian citizen if an adverse security assessment or qualified security assessment is in effect in respect of the person under the Australian Security Intelligence Organization Act 1979 that the person directly or indirectly poses a security risk (as defined in section 4 of this Act). Since 20 August 1986, anyone born in Australia to at least one Australian parent or permanent resident parent has been born and born with Australian citizenship. Otherwise, those born in Australia to non-Australian parents will acquire citizenship until the child`s 10th birthday. Beginning in the 1940s, however, the disintegration of the British Empire and the increase in non-British migration to Australia prompted the federal government to develop the concept of Australian citizenship. A person born in an outside territory that was or is under the control of the Australian government should contact the nearest DIMA office to clarify their status or eligibility for citizenship.

From 1973, federal governments gradually abolished the preferential status granted to British subjects and extended Australian citizenship to individuals on a non-discriminatory basis. (9) If, at the time of application, the person is the spouse, common-law partner or surviving spouse or common-law partner of an Australian citizen, the Minister may treat a period of time as a period during which the person resided in Australia as a permanent resident if: Although the law has symbolic significance, you have been motivated more by pragmatism than by the desire to: anchor an independent national identity. The law, although heavily amended, remains the legal framework for how a person becomes an Australian citizen. Note: A person cannot become an Australian citizen under this subdivision unless the Minister approves the person who becomes an Australian citizen.