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History and regulations of Australian citizenship

Australian Citizenship Deed 2007

Parliament of Australia
Long title An Human action relating to Australian citizenship
Citation	No. 20 of 2007
Territorial extent	Australia
Enacted by	House of Representatives
Enacted	1 March 2007 (with amendments from the Senate)
Enacted by	Senate
Enacted	26 February 2007
Royal assent	15 March 2007
Commenced	1 July 2007
Administered past	Department of Domicile Affairs^[ane]
Legislative history
Nib introduced in the House of Representatives	Australian Citizenship Bill 2005
Introduced by	John Cobb
First reading	9 November 2005
Second reading	31 October–28 Nov 2006
Third reading	28 November 2006
Bill introduced in the Senate	Australian Citizenship Nib 2006
Introduced by	Ian Campbell
First reading	thirty November 2006
2d reading	seven–26 February 2007
Tertiary reading	26 February 2007^[2]
Repeals
Australian Citizenship Act 1948
Status: Amended

Australian nationality law details the weather in which a person holds Australian nationality. The master law governing nationality regulations is the Australian Citizenship Act 2007, which came into forcefulness on 1 July 2007. Regulations apply to all states and territories of Australia.

All persons born in Commonwealth of australia before xx August 1986 were automatically citizens at birth regardless of the nationalities of their parents. Individuals built-in in the country after that engagement receive Australian citizenship at birth if at least one of their parents is an Australian citizen or permanent resident. Foreign nationals may exist granted citizenship after living in the land for at to the lowest degree four years while holding permanent residency and showing proficiency in the English linguistic communication.

Australia is composed of several former British colonies founded in the 18th and 19th centuries whose residents were British subjects. Afterwards federation as a Dominion inside the British Empire in 1901, Commonwealth of australia was granted more than autonomy over time and gradually became contained from the United Kingdom. While Australian citizens are no longer British, they continue to concord favoured condition when residing in the UK; every bit Commonwealth citizens, Australians are eligible to vote in United kingdom of great britain and northern ireland elections and serve in public office there.

Terminology [edit]

The stardom between the pregnant of the terms citizenship and nationality is non always clear in the English language and differs by country. By and large, nationality refers a person's legal belonging to a nation land and is the common term used in international treaties when referring to members of a state; citizenship refers to the gear up of rights and duties a person has in that nation.^[3]

Before the 1970s, the two terms were fully interchangeable in the Australian context. Australian identity was tied to British heritage and Anglosphere cultural characteristics. Foreigners were previously required to assimilate into the dominant culture in order to get Australian citizens. As the country transitioned into a multicultural society fabricated up of many unlike ethnic groups, a greater distinction was created between citizenship and nationality. Australians were at present bound together past a shared citizenship and borough identity rather than a monolithic cultural groundwork and common nationality. However, the delinking of these terms in Australia is neither complete nor clearly delineated.^[4]

History [edit]

Colonial-era policy [edit]

United kingdom of great britain and northern ireland established its kickoff colony in Australia with the founding of New South Wales in 1788. Over the course of the 19th century, the British presence expanded throughout the continent. By 1890, at that place were six split cocky-governing territories in Australia.^[5] British nationality law applied to each of these colonies, as was the case elsewhere in the British Empire. Australians and all other imperial citizens were British subjects;^[6] any person built-in in the Australian colonies, the Britain, or anywhere else within Crown dominions was a natural-born British bailiwick.^[7]

British nationality law during this time was uncodified and did not accept a standard set of regulations,^[8] relying instead on past precedent and common constabulary.^[9] Until the mid-19th century, it was unclear whether naturalisation rules in the United Kingdom were applicable in other parts of the Empire. Each colony had wide discretion in developing their ain procedures and requirements for admitting foreigners as subjects.^[10] New South Wales and Tasmania respectively enacted legislation in 1828 and 1834 enabling denization, a process that partially granted foreigners the rights of British subjects, near notably property rights.^[11] Denizens were not considered aliens, only could non laissez passer discipline condition to their children by descent and were barred from Crown service and public office.^[12]

Naturalisation in Uk was achieved through individual Acts of Parliament until 1844, when a more streamlined administrative procedure was introduced. The Australian colonies emulated this system in their own naturalisation legislation, which was enacted in all local legislatures by 1871.^[11] In 1847, the Imperial Parliament formalised a clear stardom between subjects who naturalised in the UK and those who did so in other territories. Individuals who naturalised in the UK were accounted to have received the status by royal naturalisation, which was valid throughout the Empire. Those naturalising in colonies were said to have gone through local naturalisation and were given subject condition valid only within the relevant territory;^[xiii] a subject who locally naturalised in New Due south Wales was a British subject there, but not in England or Victoria. Nevertheless, locally naturalised British subjects were however entitled to royal protection when travelling outside of the Empire.^[14]

Married women generally followed the nationality status of their husbands. Beginning with New South Wales in 1848, each colony enacted legislation that automatically naturalised foreign women who married British subjects, mirroring regulations enacted in the UK in 1844. Afterward Britain established marital denaturalisation for British subject women who married foreigners in 1870, New Due south Wales adapted its rules to match this in 1875. The other Australian colonies did not prefer this in legislation but in exercise, women who married foreigners were automatically stripped of British subject field status throughout Australia.^[15]

Exclusion of Indigenous Australians [edit]

Aboriginal Australians and Torres Strait Islanders were British subjects in theory, but actual participation in colonial gild and admission to civil rights was limited. Queensland and Western Australia completely excluded Ethnic people from voting in statute constabulary.^[xvi] While there were no specific restrictions in legislation on Ethnic voting in the other colonies, other regulatory barriers often prevented exercising that right. Between 1858 and 1926, New South Wales butterfingers persons receiving aid from "any public charitable institution" from voting registration; anyone living in Aboriginal reserves were considered to exist receiving aid. Some exceptions were afforded to landholders and "half-caste" Aboriginals.^[17]

Discriminatory policies against non-European migrants [edit]

Immigration from Asia began in the 1840s, when Chinese workers were invited to piece of work in New South Wales due to a labour shortage. Although these labourers were met with virtually immediate disapproval, the Australian gold rushes start in the 1850s attracted a steady moving ridge of further migration. Growing hostility and anti-Chinese sentiment led to severe social unrest and violent confrontations during the Lambing Flat riots in 1861. Post-obit this, New South Wales imposed substantial restrictions on Chinese entry.^[18]

Regulations varied past colony just clearly favoured immigrants of European descent over members of any other ethnic groups. Queensland created two different sets of requirements in 1867 for naturalisation of "Asiatic and African aliens" and "European and Due north American aliens". Asian and African applicants seeking to become subjects were required to take lived in the colony for 3 years, and be married and living together with their wives.^[19] Chinese migrants were specifically targeted in colonial legislation that charged fees for entry to or residence in the colonies, and banned them from naturalising as British subjects. In 1889, entrance fees for Chinese in each of the Australasian colonies were standardised at £x, except for Queensland which required £xxx.^[xx]

Australian federation [edit]

Discussions began as early on equally 1845 over a possible merging of the Australasian colonies. Alien interests between the separate colonies hindered chances of a union until the 1880s, when France and Deutschland began expanding their Pacific presence. The Federal Council of Australasia, created in 1885, consisted of four Australian colonies along with Fiji and was a first attempt at forming a unified governing torso better able to face external threats.^[21] Legislation passed by the Federal Council in 1897 allowed British subjects who had naturalised in a colony under its authority to exist considered equally naturalised in other such colonies.^[22] The Council was abolished in 1900^[23] and replaced on 1 Jan 1901 by a federated matrimony of the six colonies on the Australian mainland, the Democracy of Australia.^[24] Commonwealth nationality legislation enacted in 1903 superseded laws of the new states; naturalisation in 1 of the states became automatically valid in all of them.^[25]

The federal government connected and extended restrictions on persons of non-European (peculiarly Asian) descent as part of its White Australia policy. The Immigration Restriction Human action 1901 created the legal ground for administering dictation tests, in which a migrant could be required to write a passage of words in any European language as dictated by an immigration officer. Whatsoever person who failed was denied entry into Australia.^[26] While Māori from New Zealand technically fell nether the exclusion criteria of this Human action, representations made by the New Zealand government pressured the Commonwealth government into exceptionally relaxing restrictions for Māori.^[27] The Naturalization Act 1903 explicitly prohibited naturalisation of anyone with ancestry from Africa, Asia, or Oceania (except New Zealand).^[28] Indigenous Australians who did not already have their names placed on a state electoral scroll on the date of federation in 1901 were prohibited from enrolling to vote until 1962.^[29]

Imperial common lawmaking [edit]

The Royal Parliament brought regulations for British subject field status into codified statute police for the first time with passage of the British Nationality and Status of Aliens Deed 1914. British subject field condition was standardised as a common nationality across the Empire. Dominions that adopted this Human action as office of their ain nationality laws were authorised to grant subject status to aliens past imperial naturalisation.^[30] ^[31] Australia adopted the common code in 1920.^[24]

The 1914 regulations codified the doctrine of coverture into imperial nationality law, where a adult female'southward consent to marry a greenhorn was also assumed to be intent to denaturalise; British women who married foreign men automatically lost their British nationality. There were two exceptions to this: a wife married to a husband who lost his British subject condition was able to retain British nationality past declaration, and a British-born widow or divorcée who had lost her British nationality through marriage could reacquire that status without meeting residence requirements afterwards the dissolution of her wedlock.^[32]

Australia'southward version of the common code regulations contained extensive measures for revoking British bailiwick status from naturalised persons. Individuals who showed disloyalty to the monarch, were sentenced to imprisonment for at least 1 yr or received a fine of more than £100 within 5 years of naturalising, "was not of good character" when subject status was granted, or lived exterior of the British Empire for more than than seven years were liable to have their naturalisation revoked.^[33]

Different the 1903 Human activity, the mutual code enacted in 1920 did non explicitly bar migrants on the basis of race. It instead allowed the government to deny naturalisation to whatever person without cause. Only 45 people of Asian descent were naturalised between 1904 and 1953.^[28] Migrants of not-European ancestry were effectively barred from permanent residency and naturalisation until 1957.^[34]

Past the cease of the First World War, the Dominions had exercised increasing levels of autonomy in managing their own affairs and each by and then had adult a distinct national identity. Britain formally recognised this at the 1926 Imperial Conference, jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that the United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations. Total legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931.^[35]

Women's rights groups throughout the Empire pressured the imperial government during this time to amend nationality regulations that tied a married woman's status to that of her married man.^[36] Because the British government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a stiff constitutional link to them through the mutual nationality code, information technology was unwilling to make major changes without unanimous agreement among the Dominions on this effect, which it did not have.^[37] Regal legal uniformity was however eroded during the 1930s; New Zealand and Commonwealth of australia amended their laws in 1935 and 1936 to permit women denaturalised by union to retain their rights as British subjects, and Ireland changed its regulations in 1935 to crusade no change to a adult female's nationality after her spousal relationship.^[38]

Territorial acquisitions [edit]

Queensland attempted to preemptively counter German language colonial interests in the Pacific by annexing Papua in 1883, though this was met with disapproval from majestic authorities.^[39] Following the establishment of German language New Guinea, Britain claimed Papua in 1884^[40] and formally annexed it in 1888. Afterward Australian federation in 1901, Great britain ceded administrative control of the territory to the Commonwealth government in 1902, which was accepted past Commonwealth of australia in 1905.^[41] New Guinea and Nauru remained German colonies until the Outset Earth War, later which New Guinea became a League of Nations mandate under Australian control while Republic of nauru's mandate was split between Uk, Australia, and New Zealand. In practice, Commonwealth of australia held sole governing authority over Nauru.^[42] ^[43]

While residents of Papua became British subjects,^[44] that status was not extended to those from the mandated territories under the recommendation of the Permanent Mandates Committee.^[45] New Guinea and Nauru residents were treated as British protected persons, and "Australian protected persons" after 1949.^[46] ^[47] Despite being granted subject condition, British subjects (and afterwards Australian citizens) of indigenous descent from Papua did non accept an automatic right to reside in mainland Australia and were required to utilize for that separately. Persons with not-indigenous beginnings held that right automatically.^[48]

Changing relationship with Britain [edit]

Diverging developments in Rule nationality laws, likewise equally growing assertions of local national identity separate from that of Britain and the Empire, culminated with the creation of Canadian citizenship in 1946, unilaterally breaking the system of a common imperial nationality. Combined with the approaching independence of Bharat and Pakistan in 1947, comprehensive nationality law reform was necessary at this point to address ideas that were incompatible with the previous arrangement.^[49] The Dominion governments agreed on the principle of equal continuing for women in a reformed nationality system at the 1946 Commonwealth Prime Ministers' Conference and Australia amended its police force to grant equal nationality rights in that same year.^[50]

Australia enacted the Nationality and Citizenship Act 1948 to create its own citizenship, which came into force on 26 January 1949,^[51] before long afterwards the British Nationality Act 1948 became constructive throughout the Empire on 1 January 1949.^[52] All British subjects who were born, naturalised, or resident for at least five years in Australia automatically acquired Australian citizenship on that date.^[34] ^[53] British subjects born to a begetter who himself was born or naturalised in Australia^[34] and British subject field women who were married to someone qualifying every bit an Australian citizen too automatically acquired citizenship on that date.^[54] Papuans became Australian citizens automatically as well, but residents of the mandate Territory of New Guinea did not.^[55]

The 1948 Human action redefined the term British bailiwick equally any denizen of Australia or another Commonwealth country. Commonwealth citizen is defined in this Deed to have the same significant.^[56] British subject/Commonwealth citizen condition co-existed with the citizenships of each Commonwealth country.^[57] ^[58] Irish citizens were treated every bit if they were British subjects, despite Ireland's exit from the Republic in 1949.^[59] All Republic citizens were eligible to become Australian citizens by registration, rather than naturalisation, after residing in Australia for at least five of the preceding seven years. Republic citizens who became Australian citizens by registration were not required to swear an oath of allegiance because they were already subjects of the Crown.^[60]

All other foreigners could acquire citizenship by naturalisation after fulfilling a general residence requirement. Candidates must accept resided in Australia or New Guinea for at least four of the previous eight years, with one year of continuous residence immediately preceding an awarding. This was reduced to ii of the previous eight years in 1973.^[61] Non-Europeans were allowed to utilize for residency and naturalisation from 1957, if they were legally admitted and living in Australia for 15 years (reduced to v years in 1966).^[62]

Almost all provisions to revoke citizenship from naturalised individuals were repealed in 1958.^[33] On the other hand, Australian citizens who acquired a foreign citizenship other than through spousal relationship were automatically denaturalised and lost their Australian citizenship under this Act. Naturalising foreigners conversely were non required to renounce their previous nationalities.^[63]

Restrictions on Indigenous Australian rights remained in strength until the 1960s. Eligibility to serve in the military machine and federal voting rights were extended to them in 1961 and 1962, and they began to exist included as part of country population counts in each national demography following a 1967 referendum.^[64]

All British subjects under the reformed system initially held an automatic correct to settle in the United Kingdom.^[65] Non-white immigration into the UK was systemically discouraged, but strong economic conditions in U.k. post-obit the Second World State of war attracted an unprecedented wave of colonial migration.^[66] In response, the British Parliament imposed clearing controls on any subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962. This restriction was somewhat relaxed in 1971 for patrials, subjects whose parents or grandparents were born in the United kingdom,^[67] which gave effective preferential treatment to white Commonwealth citizens.^[68]

As a sign of Australia's changing relationship with Britain, Australian passports were no longer labelled with the phrase "British passport" offset in 1967.^[69] Legislative changes in 1969 meant that Australian citizens technically ceased to be British subjects in that year, simply retained "the status of British subjects" instead.^[70] ^[71]

Indian Body of water territories [edit]

The Cocos (Keeling) Islands and Christmas Island were respectively annexed into the Empire in 1857 and 1888. The Cocos Islands were first directly administered by the Uk until 1878, when it was transferred to Ceylon, then to the Straits Settlements in 1886, and finally devolved to the settlement of Singapore in 1903. Christmas Isle was similarly incorporated into Singapore in 1900.^[72] Following the Second Globe War, the Australian regime expressed its involvement in acquiring both territories for strategic and commercial reasons; the Cocos Islands for its airstrip and Christmas Island for its phosphate.^[73] Sovereignty over the Cocos Islands was transferred to Australia in 1955. Isle residents became Australian citizens at time of transfer while retaining UK citizenship. Christmas Isle was transferred to Australia in 1958 nether largely the same terms. Citizens from these territories did not take automated correct of residence on the Australian mainland, equally was the case with residents of Papua and New Guinea.^[74]

Burmese independence [edit]

Burma gained independence from the United Kingdom on 4 January 1948. The British Parliament enacted the Burma Independence Human activity 1947 to remove British subject status from all individuals who held that condition solely through their connectedness with Burma. Burmese resident in the Great britain or its colonies could make formal claims to retain subject area status.^[75]

The Australian Parliament did not laissez passer like legislation addressing this event, leaving only common constabulary to apply. Common law at the time dictated that but Burmese resident in Burma at the time of independence lost British nationality, while every Burmese person who left Burma permanently before its independence or "within a reasonable time thereafter" retained British subject status. This created an anomalous state of affairs where Burmese living in Commonwealth of australia ceased to be British subjects under UK law, only continued that status in Australian law.^[75]

The Nationality and Citizenship (Burmese) Act 1950 addressed this discrepancy, removing British subject status from persons connected with Burma. Individuals who lost subject status through this Act merely had go Australian citizens in 1949 could retain their citizenship past making formal declarations^[75] within two years of the Act's passage.^[76]

Transition to national citizenship [edit]

Past the 1970s and 1980s, most colonies of the British Empire had go independent and remaining ties to the United Kingdom had been significantly weakened.^[77] Australia abolished the preferences that were afforded to citizens from other Commonwealth countries and lifted restrictions on migrants of non-European descent in 1973.^[62] The 1973 amendment renamed the Nationality and Citizenship Human action 1948 to the Australian Citizenship Act 1948;^[78] the anniversary of this event has been historic since 2001 every bit Australian Citizenship Day.^[79]

The U.k. itself updated its nationality law to reverberate the more small boundaries of its remaining territory and possessions with the British Nationality Act 1981,^[77] which redefined British subject to no longer likewise hateful Commonwealth citizen. Australian citizens remain Commonwealth citizens in British law^[eighty] and are still eligible to vote and represent public office in the UK.^[81]

Further reforms in 1984 fully abolished British subject status in Australian law^[71] and removed remaining gender imbalances in nationality regulations.^[82] ^[83] Voting eligibility rules were changed to crave Australian citizenship instead of British subject status, but any British subject without citizenship already enrolled to vote before 26 January 1984 accept the correct to proceed participating in elections. Not-citizen British subjects could no longer utilise for Australian passports starting time in that yr.^[84]

Territorial citizens who had previously been barred from automatic right of permanent residence on the Australian mainland were granted that entitlement in 1984,^[85] and the general residence requirement for acquiring citizenship was relaxed in that year as well. Naturalisation candidates were required to have lived in Commonwealth of australia for 2 of the five years preceding an application, while property permanent residency for at to the lowest degree ane year during that aggregate period.^[61] No Australian denizen has been required to obtain an entry permit to enter the country since 1984.^[85]

After passage of the Commonwealth of australia Act 1986, the Loftier Court has considered any persons without Australian citizenship to be aliens. While British subjects could not have been considered foreign at the time of federation, the severing of constitutional ties with the United Kingdom created a definitive separation between the 2 countries; British citizens accept since been considered subjects of a strange power and are ineligible to serve in the Parliament of Australia under section 44 of the Constitution of Australia.^[86] The eligibility of ten sitting legislators was questioned under this section of the Constitution during the 2017–18 Australian parliamentary eligibility crisis, leading to eight disqualifications nether subsequent court proceedings.^[87]

Concerns over an influx of unintended immigration and the perceived exploitation of nationality law by illegal migrants to gain residence in Australia created the impetus for catastrophe unrestricted birthright citizenship in 1986. Children born in the state since then are merely granted citizenship by birth if at least one parent is a citizen or permanent resident.^[88] Naturalisation candidates have been required since 1993 to recite a citizenship pledge in which they commit their loyalty to the country of Australia, rather than swear an adjuration of allegiance to the Australian monarch.^[89] Automated denaturalisation of Australians acquiring foreign nationalities was repealed in 2002.^[ninety] Citizenship tests were introduced in 2007 and the full general residence requirement was increased dorsum to 4 years every bit well.^[91]

Government powers for citizenship deprivation were greatly expanded in 2015.^[92] Australians belongings another nationality and engaged in terrorist activities were subject to automated loss of citizenship.^[93] These measures were amended in 2020 to crave an explicit revocation club from the Minister for Dwelling house Diplomacy.^[94]

Nationality arrangements for former territories [edit]

Papua New Guinea became contained in 1975.^[95] Indigenous residents born in Papua or New Guinea with two grandparents also born in either territory or surrounding surface area, who did non have right of residence in mainland Commonwealth of australia, and did non hold strange nationality automatically became citizens of the new country.^[96] Old Australian citizens born in Papua before independence seeking to resume citizenship cannot reacquire that status by descent. Considering Papua vicious within the definition of "Australia" before 1975, applicants cannot claim citizenship through their nativity overseas.^[97] Since 2007, Papua New Guinean citizens who lost Australian citizenship on independence simply have a parent born on the Australian mainland tin apply for a special resumption of citizenship.^[98]

Acquisition and loss of citizenship [edit]

Entitlement by nascency, descent, or adoption [edit]

All persons born in Australia before twenty August 1986 automatically received citizenship at nascency regardless of the nationalities of their parents. Individuals born in the country from that date on receive Australian citizenship at birth if at to the lowest degree i parent is a citizen or permanent resident.^[88] Children born overseas are eligible to acquire Australian citizenship by descent through application if either parent was a citizen at the fourth dimension of birth.^[99]

Adopted children are treated as if they were naturally built-in to the adopting parents at the time and location of adoption; those adopted in Australia automatically receive citizenship, while those adopted overseas are eligible to apply.^[100] Children who are built-in in Australia but did non learn citizenship at birth may otherwise automatically acquire citizenship if they are usually resident in the country for the 10-year period immediately following their birth.^[101] Stateless children born in the land are entitled to citizenship without further residence requirements.^[102]

Voluntary acquisition [edit]

Foreigners over the age of xviii may become Australian citizens by conferral subsequently legally residing in the country for more than 4 years and holding permanent residency for at least 12 months. Applicants must demonstrate proficiency in the English language and must not take been travelling outside of Australia for longer than 12 months in the preceding four years, with absences totaling less than 90 days in the terminal year. Candidates who are overseas while enlisted in the Australian Defense force, deemed to exist engaged in activities for Australia's benefit, or employed in a position that requires regular travel abroad can be considered to have fulfilled special residence requirements.^[103] Members of the Australian Commonwealth Games squad and holders of distinguished talent visas accept besides been eligible for special residence considerations since 2021.^[104]

Applicants between the ages of 18 and 59 must additionally accept a citizenship test.^[105] Successful candidates aged sixteen and older are required to make a citizenship pledge in which they commit their loyalty to the country of Australia; these are commonly administered by local authorities at citizenship ceremonies that accept place about half-dozen months after approval.^[106] Betwixt 1 July 2020 and 30 June 2021, over 140,000 people obtained Australian citizenship by conferral.^[107]

Pathway for New Zealand citizens [edit]

New Zealand citizens are generally exempt from immigration restrictions nether the Trans-Tasman Travel Arrangement and fall nether unique regulations. Whatsoever New Zealander who settled in Australia on or before 26 February 2001 is automatically considered a permanent resident for nationality purposes, while those who arrive afterwards that date are required to first obtain permanent residency before they may naturalise.^[108]

Children born in Australia to New Zealand citizens between the end of unrestricted birthright citizenship on 20 Baronial 1986 and 31 August 1994 were "exempt non-citizens" and considered to accept been permanent residents for any time spent living in the country during this menstruation. The Special Category Visa (SCV) was introduced for New Zealand citizens on ane September 1994; all New Zealand citizens already in the country on that date were automatically granted this visa and it is issued on arrival to New Zealanders afterwards that date. A child born in Australia between ane September 1994 and 26 February 2001 to a New Zealand parent with an SCV or permanent visa is an Australian denizen by birth. Since 27 February 2001, children born to New Zealand citizens in Australia simply receive Australian citizenship at birth if at to the lowest degree one parent holds an SCV issued earlier that date, a permanent Australian visa, or dual Australian-New Zealand citizenship.^[109]

Loss and resumption of citizenship [edit]

Australian citizenship can be relinquished by making a declaration of renunciation, although this may be denied at the discretion of the Government minister for Dwelling house Affairs. Citizenship may be involuntarily deprived from individuals who fraudulently caused it, or from dual citizens who actively serve in the military of some other land at war with Australia. Children of former citizens may also be stripped of citizenship, except in cases where another parent remains an Australian citizen or deprivation would cause statelessness.^[110] Dual citizens who are engaged in terrorist activities, function of a known terror group, or have been bedevilled of terrorism offences for imprisonment sentences totaling at least three years may also exist stripped of their citizenship at the discretion of the Minister.^[111]

Until iv Apr 2002, Australians who became citizens of another country automatically lost Australian citizenship.^[112] This brake did not utilize to those who acquired a strange citizenship past marriage, and did not crave naturalisation candidates to relinquish their former nationalities.^[ninety] Children born to individuals who lost their citizenship under this provision for automatic loss before 2002 are eligible for a special conferral of citizenship.^[113]

Former citizens may subsequently apply for nationality restoration, provided that they would have been subject to hardship had they not renounced Australian citizenship, or were automatically deprived of their Australian citizenship before 2002. Individuals resuming citizenship regain the same blazon of citizenship they held previously; a person who had acquired citizenship by descent, relinquishes information technology, then resumes citizenship would regain citizenship by descent.^[114] Citizens of Papua New Guinea who lost Australian citizenship on independence in 1975 but take a parent born on the Australian mainland take been able to apply for a special resumption of citizenship since 2007.^[98]

References [edit]

Citations [edit]

^ The Assistants of the Immigration and Citizenship Programs (PDF) (Study). Section of Dwelling Diplomacy. Oct 2021. p. 3. Archived (PDF) from the original on 25 Oct 2021. Retrieved 25 October 2021.
^ "Australian Citizenship Beak 2007". Parliament of Commonwealth of australia. Archived from the original on 27 May 2019. Retrieved 13 June 2019.
^ Kondo 2001, pp. two–3.
^ Castles & Zappalà 2001, p. 143.
^ French 2006, pp. x–11.
^ Thwaites 2017, p. 3.
^ Karatani 2003, pp. 41–42.
^ Gosewinkel 2008, p. 13.
^ Karatani 2003, p. 41.
^ Karatani 2003, pp. 55–56.
^ ^a ^b Bagnall & Sherratt 2021, p. 286.
^ Blackstone 1765, p. 362.
^ Historical groundwork information on nationality, p. 8.
^ Karatani 2003, p. 55.
^ Bellino 2020, pp. 169–170.
^ Bennett 2001a, p. 36.
^ Bennett 2001b, pp. 17–19.
^ Digby 1903, p. 145.
^ Bagnall & Sherratt 2021, p. 287.
^ Lee 1889, pp. 218–220.
^ Kaye 1996, pp. 58–59.
^ Spagnolo 2015, p. 71.
^ Kaye 1996, p. 61.
^ ^a ^b Thwaites 2017, p. 4.
^ Spagnolo 2015, pp. 71–72.
^ Thwaites 2017, p. 5.
^ Bennett 2001a, pp. 39–43.
^ ^a ^b Thwaites 2017, p. vi.
^ Bennett 2001b, p. nineteen.
^ Baldwin 2001, pp. 527–528.
^ Historical background data on nationality, p. 10.
^ Baldwin 2001, pp. 526, 528–529.
^ ^a ^b Thwaites 2017, p. 7.
^ ^a ^b ^c Thwaites 2017, p. x.
^ Karatani 2003, pp. 86–88.
^ Baldwin 2001, p. 522.
^ Baldwin 2001, pp. 546–549.
^ Baldwin 2001, p. 552.
^ Moore 1984, pp. 26–27.
^ Moore 1984, p. 41.
^ McDermott 2009, pp. 51–52.
^ McDermott 2009, p. 52.
^ Goudy & McDaniel 1999, p. 334.
^ McDermott 2009, p. 53.
^ O'Connell 1954, p. 460.
^ McDermott 2009, pp. 54–55.
^ O'Connell 1954, p. 461.
^ McDermott 2009, p. 61.
^ Karatani 2003, pp. 114–115, 122–126.
^ Baldwin 2001, pp. 553–554.
^ Castles & Zappalà 2001, p. 139.
^ Wade 1948, p. 69.
^ Fransman 2011, p. 823.
^ Fransman 2011, p. 831.
^ Thwaites 2017, pp. xi–12.
^ Wade 1948, p. lxx.
^ Thwaites 2017, p. ii.
^ Wade 1948, p. 73.
^ Mansergh 1952, p. 278.
^ Dutton 2002, p. 16.
^ ^a ^b Thwaites 2017, p. 21.
^ ^a ^b Thwaites 2017, pp. x–xi.
^ Stephen 2000, pp. 336–337.
^ Bennett 2001b, pp. xvi–19.
^ McKay 2008.
^ Hansen 1999, pp. ninety, 94–95.
^ Evans 1972, pp. 508–509.
^ Paul 1997, p. 181.
^ Doulman & Lee 2008, p. 175.
^ Dutton 2002, p. 17.
^ ^a ^b Stephen 2000, p. 333.
^ Kerr 2009, pp. 268, 317.
^ Kerr 2009, pp. 268–269, 320–321.
^ Kerr 2009, pp. 285–287, 325–327.
^ ^a ^b ^c "Commonwealth", Academy of Western Commonwealth of australia Police Review, pp. 140–141.
^ Nationality and Citizenship (Burmese) Act 1950, s 3(2).
^ ^a ^b Paul 1997, pp. 182–183.
^ Thwaites 2017, p. 9.
^ "Australian Citizenship Act". Department of Home Affairs. Archived from the original on 24 Oct 2021. Retrieved 24 October 2021.
^ Flower 2011, p. 640.
^ Blossom 2011, p. 654.
^ Bellino 2020, p. 171.
^ Klapdor, Coombs & Bohm 2009.
^ Chesterman 2005, pp. 35–36.
^ ^a ^b McDermott 2009, p. 62.
^ Bloch 2018, pp. 92–93.
^ Bloch 2018, p. 79.
^ ^a ^b Thwaites 2017, p. 15.
^ Betts 1994, pp. 48–49.
^ ^a ^b Thwaites 2017, p. xvi.
^ Thwaites 2017, p. 17.
^ Gillis 2020, p. 450.
^ Gillis 2020, p. 452.
^ Gillis 2020, p. 455.
^ McDermott 2009, p. 50.
^ McDermott 2009, pp. 60, 63.
^ McDermott 2009, p. 71.
^ ^a ^b McDermott 2009, pp. 72–73.
^ Thwaites 2017, p. 19.
^ Thwaites 2017, pp. eighteen–nineteen.
^ Thwaites 2017, p. 18.
^ Foster, McAdam & Wadley 2017, pp. 471–472.
^ Thwaites 2017, pp. 21–22.
^ Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (14 September 2021). "Increased flexibility for citizenship applicants" (Press release). Australian Authorities. Archived from the original on fifteen September 2021. Retrieved 24 October 2021.
^ "Acquire about the interview and test". Department of Abode Affairs. Archived from the original on eighteen August 2021. Retrieved 25 October 2021.
^ "Citizenship anniversary". Department of Home Diplomacy. Archived from the original on 21 October 2021. Retrieved 25 October 2021.
^ "Australian citizenship statistics". Department of Habitation Affairs. Archived from the original on 21 October 2021. Retrieved 25 October 2021.
^ Thwaites 2017, p. 29.
^ "Fact Sheet - New Zealanders in Australia" (PDF). Department of Home Diplomacy. Archived (PDF) from the original on nineteen October 2021. Retrieved 14 October 2021.
^ Thwaites 2017, pp. 22–23.
^ Gillis 2020, pp. 455–456.
^ Rubenstein 2005, p. 23.
^ Australian Citizenship Human activity 2007, s 21(6).
^ Thwaites 2017, p. 22.

Sources [edit]

Publications [edit]

Bagnall, Kate; Sherratt, Tim (2021). "Missing Links: Information Stories from the Archive of British Settler Colonial Citizenship". Journal of World History. University of Hawaii Press. 32 (2): 281–300. doi:10.1353/jwh.2021.0025.
Baldwin, M. Page (October 2001). "Subject to Empire: Married Women and the British Nationality and Status of Aliens Act". Journal of British Studies. University of Chicago Press. 40 (4): 522–556. doi:10.1086/386266. JSTOR 3070746. PMID 18161209. S2CID 5762190.
Bellino, Emma (2020). "Married Women's Nationality and the White Australia Policy, 1920–1948". Police force & History. Australian and New Zealand Law and History Society. 7 (ane): 166–192. ISSN 2652-4201. Archived from the original on xvi October 2021. Retrieved 9 May 2021 – via HeinOnline.
Bennett, James (2001a). "Maori as honorary members of the white tribe". The Journal of Imperial and Democracy History. Routledge. 29 (iii): 33–54. doi:10.1080/03086530108583126. PMID 18254199. S2CID 205550491.
Bennett, Scott (2001b). "Indigenous voting rights in Australia" (PDF). Australasian Parliamentary Review. Australasian Written report of Parliament Group. sixteen (1): 16–twenty. Archived (PDF) from the original on 29 March 2020. Retrieved nineteen October 2021.
Betts, Katharine (1994). "The Issues Paper on Citizenship" (PDF). People and Identify. Monash University. ii (2): 46–50. Archived (PDF) from the original on 18 March 2020. Retrieved fourteen October 2021 – via Swinburne University of Technology.
Blackstone, William (1765). "Of the People, Whether Aliens, Denizens, or Natives". Commentaries on the Laws of England. Vol. 1. OCLC 747740286.
Bloch, Noa (2018). "Reading Down Department 44(i) of the Australian Constitution every bit a Method of Affirming Australian Citizenship in the 21st Century". Denning Police Journal. University of Buckingham. 30 (2): 79–99. doi:10.5750/dlj.v30i2.1699. S2CID 202310868.
Bloom, Tendayi (2011). "Contradictions in Formal Commonwealth Citizenship Rights in Commonwealth Countries". The Round Tabular array. Taylor & Francis. 100 (417): 639–654. doi:10.1080/00358533.2011.633381. S2CID 154726067.
Castles, Stephen; Zappalà, Gianni (2001). "The Rights and Obligations of Immigrant Citizens and Non-Citizens in Australia". In Kondo, Atushi (ed.). Citizenship in a Global World. Palgrave Macmillan. pp. 136–157. doi:10.1057/9780333993880_8.
Chesterman, John (2005). "Natural-Built-in Subjects? Race and British Subjecthood in Commonwealth of australia". Australian Journal of Politics and History. Wiley-Blackwell. 51 (1): 30–39. doi:10.1111/j.1467-8497.2005.00358.x. hdl:11343/28577.
"Commonwealth". University of Western Australia Police force Review. University of Western Australia. 2 (i): 139–149. 1951. Archived from the original on 16 October 2021. Retrieved 12 October 2021 – via Australasian Legal Information Establish.
Digby, Everard (1903). "Immigration Restriction in Commonwealth of australia". Periodical of the Society of Comparative Legislation. Cambridge University Printing. 5 (i): 143–153. OCLC 5544675238. Archived from the original on sixteen Oct 2021. Retrieved 10 May 2021 – via HeinOnline.
Doulman, Jane; Lee, David (2008). Every Assistance & Protection: A History of the Australian Passport (PDF). The Federation Printing. ISBN978-186287-682-8. Archived (PDF) from the original on 12 February 2021. Retrieved 13 Oct 2021.
Dutton, David (2002). 1 of Us? A Century of Australian Citizenship. University of New South Wales Printing. ISBN978-0-86840-556-8 . Retrieved xiii October 2021.
Evans, J. M. (1972). "Clearing Act 1971". The Modern Law Review. Wiley. 35 (5): 508–524. doi:x.1111/j.1468-2230.1972.tb02363.10. JSTOR 1094478.
Foster, Michelle; McAdam, Jane; Wadley, Davina (2017). "Office 2: The Prevention and Reduction of Statelessness in Commonwealth of australia — An Ongoing Claiming". Melbourne Academy Law Review. University of Melbourne (xl): 456–505. doi:10.2139/ssrn.3367970. SSRN 3367970.
Fransman, Laurie (2011). Fransman's British Nationality Law (third ed.). Bloomsbury Professional. ISBN978-ane-84592-095-1.
French, Robert S. (May–June 2006). "Co-operative Federalism in Australia – An Intellectual Resource for Europe?: I". Amicus Curiae. Club for Advanced Legal Studies. 2006 (65): nine–17. doi:ten.14296/air conditioning.v2006i65.1123.
Gillis, Matilda (2020). "A Doctrinal and Feminist Assay of the Constitutionality of the Australian Citizenship Revocation Laws". Adelaide Law Review. Academy of Adelaide. 41 (two): 449–478. Archived from the original on 25 October 2021. Retrieved 25 October 2021 – via Australasian Legal Data Institute.
Gosewinkel, Dieter (fifteen April 2008). Nation and Citizenship from the Late Nineteenth Century Onwards: A Comparative European Perspective (PDF) (Report). European Parliament. Archived (PDF) from the original on 27 May 2019. Retrieved 7 Baronial 2021.
Goudy, John G.; McDaniel, Carl Due north. (May 1999). "The Physical Destruction of Nauru: An Example of Weak Sustainability". State Economics. University of Wisconsin Press. 75 (2): 333–338. doi:x.2307/3147015. JSTOR 3147015.
Hansen, Randall (1999). "The Politics of Citizenship in 1940s United kingdom of great britain and northern ireland: The British Nationality Act". Twentieth Century British History. Oxford University Press. 10 (1): 67–95. doi:ten.1093/tcbh/10.1.67.
Historical groundwork information on nationality (PDF) (Report). i.0. United Kingdom: Dwelling Role. 21 July 2017. Archived (PDF) from the original on 29 December 2018. Retrieved three April 2019.
Karatani, Rieko (2003). Defining British Citizenship: Empire, Commonwealth and Modern Britain. Frank Cass Publishers. ISBN0-7146-8298-5 . Retrieved 12 Oct 2021.
Kaye, Stuart B. (1996). "Forgotten Source: The Legislative Legacy of the Federal Council of Australasia" (PDF). Newcastle Police force Review. University of Newcastle. 1 (ii): 57–71. OCLC 7128733924. Archived (PDF) from the original on 16 May 2017. Retrieved 9 May 2021 – via Australasian Legal Information Institute.
Kerr, Alan (2009). A Federation in These Seas: An account of the acquisition by Commonwealth of australia of its external territories, with selected documents. Australian Government. ISBN978-1-9212-4172-7. Archived from the original on 16 October 2021. Retrieved 14 Oct 2021.
Klapdor, Michael; Coombs, Moira; Bohm, Catherine (11 September 2009). "Australian Citizenship: A Chronology of Major Developments in Policy and Law". Social Policy and Constabulary and Bills Digest Sections. Canberra, Australian Upper-case letter Territory: Parliament of Australia. Archived from the original on 22 Apr 2021. Retrieved x May 2021.
Kondo, Atushi, ed. (2001). Citizenship in a Global Earth. Palgrave Macmillan. doi:10.1057/9780333993880. ISBN978-0-333-80266-3.
Lee, Joseph (1889). "Anti-Chinese Legislation in Australasia". Quarterly Periodical of Economics. Oxford University Printing. 3 (2): 218–224. doi:ten.2307/1879468. JSTOR 1879468.
Mansergh, Nicholas (1952). "Ireland: The Republic Outside the Commonwealth". International Diplomacy. Oxford Academy Printing. 28 (3): 277–291. doi:ten.2307/2607413. JSTOR 2607413.
McDermott, Peter M (2009). "Australian Citizenship and the Independence of Papua New Guinea" (PDF). UNSW Law Journal. University of New S Wales. 32 (1): 50–74. Archived (PDF) from the original on 3 April 2021. Retrieved 13 October 2021.
McKay, James (2008). "The Passage of the 1962 Commonwealth Immigrants Deed, a Case-Study of Backbench Ability". Observatoire de la Société Britannique. University of Toulon (6): 89–108. doi:x.4000/osb.433.
Moore, C.R. (1984). "The Clem Lack Memorial Oration: Queensland's annexation of New Guinea in 1883". Periodical of the Royal Historical Society of Queensland. Royal Historical Society of Queensland. 12 (1): 26–54. Archived from the original on 26 March 2021. Retrieved 7 January 2022.
O'Connell, D P (1954). "Nationality in C Course Mandates". The British Yearbook of International Law. Oxford University Press. 31: 458–461. Archived from the original on 16 Oct 2021. Retrieved fourteen October 2021 – via HeinOnline.
Paul, Kathleen (1997). Whitewashing Britain: Race and Citizenship in the Postwar Era. Cornell University Press. ISBN978-0-8014-8440-7 . Retrieved thirteen October 2021.
Rubenstein, Kim (2005). "'From this Fourth dimension Forward... I Pledge My Loyalty to Commonwealth of australia': Loyalty, Citizenship and Constitutional Police in Australia". In Mason, Victoria; Nile, Richard (eds.). Loyalties. API Network. pp. 23–36. SSRN 1130626.
Spagnolo, Benjamin (2015). The Continuity of Legal Systems in Theory and Practise. Bloomsbury Publishing. ISBN978-one-8494-6884-8 . Retrieved 15 October 2021.
Stephen, Ninian (2000). "Australian Citizenship: By, Present and Hereafter". Monash University Law Review. Monash University. 26 (2): 333–338. Archived from the original on 16 October 2021. Retrieved thirteen October 2021 – via Australasian Legal Information Institute.
Thwaites, Rayner (May 2017). Written report on Citizenship Law: Australia (Written report). European University Institute. hdl:1814/46449.
Wade, East.C.Southward. (1948). "British Nationality Human action, 1948". Journal of Comparative Legislation and International Law. Cambridge Academy Printing & Assessment. xxx (3/four): 67–75. JSTOR 754289.

Legislation [edit]

Australian Citizenship Act 2007 (Cth)
Nationality and Citizenship (Burmese) Act 1950 (Cth)

External links [edit]

Citizenship pathways, Department of Dwelling house Affairs

beemanfark1969.blogspot.com

Source: https://en.wikipedia.org/wiki/Australian_nationality_law