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australian citizenship by descent meaning

15  Citizenship by incorporation of Territory. (c)  a person engaged under section 74 of the, (d)  a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the, (b)  an offence against Division 72 of the, (ca)  an offence against Division 91 of the, (cb)  an offence against Part 5.3 (terrorism) of the. The Department of Home Affairs acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, sea and community. (1A)  For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test. This is also known as 'naturalisation' in some countries. (b)  a declaration that the document is not forfeited. (c)  the person knows that the modification is unauthorised. (12)  Section 47 does not apply in relation to the exercise of the powers of the Minister under this section. (1)  In citizenship proceedings, a notice signed by an authorised person stating whether or not a specified computer program was functioning correctly: (a)  at a specified time or during a specified period; and. The Governor‑General may make regulations prescribing matters: (a)  required or permitted by this Act to be prescribed; or. (d)  the disclosure of the information or content would be likely to be contrary to the public interest for any other reason. When a person does not become a citizen despite the Minister’s approval. (1)  A person may make an application to the Minister to become an Australian citizen again. (b)  an APS employee in the Department; or, (c)  a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department; or. (c)  do anything else related to making a decision or exercising a power or complying with an obligation. Sections 26 and 27 deal with the making of a pledge of commitment. Note:          Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act. Legislation history and amendment history—Endnotes 3 and 4. (3)  If the decision is an adverse decision, the notice must include the reasons for the decision. (b)  report the Committee’s comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration. (2)  A person (the applicant) is eligible to become an Australian citizen if: (a)  the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by: (i)  a person (the adopter) who is an Australian citizen at time of the adoption; or, (ii)  2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or, (iii)  2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and, (b)  an adoption compliance certificate issued in that country is in force for the adoption; and, (c)  under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and, (d)  the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and, (e)  if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and, (f)  if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and. If aged 18 or over, an applicant for Australian citizenship by descent must be of good character. (b)  the person fails to comply with the request. Sections 1 and 2 and anything in this Act not elsewhere covered by this table. You must be eligible to be an Australian citizen to be approved. 1....................................................................... 2............ Form of pledge no. Australian citizenship by descent: From date of application to decision* 54 days: 4 months: Evidence of Australia citizenship: From date of application to decision* 5 days: 11 days * Allow an extra 10 days after approval of your application for printing and postage of your citizenship document. Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act. (8)  The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e). (24)  To avoid doubt, a person’s citizenship is taken never to have ceased under this section because of particular conduct if: (a)  in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not engage in the conduct or have the requisite intention under subsection (3) of this section; or, (b)  in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time of the conduct; or, (c)  the Minister makes a determination under subsection (14) in relation to the conduct to exempt the person from the effect of this section; or. (17)  The rules of natural justice apply to a decision by the Minister to make, or not make, a determination under subsection (9), but do not apply to any other decision, or the exercise of any other power, by the Minister under this section (including any decision whether to consider exercising the power in subsection (9) to make a determination). (b)  if the person was born before 26 January 1949—a parent of the person became an Australian citizen on 26 January 1949. (b)  is opposed to Australia, or to Australia’s interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be acting inconsistently with their allegiance to Australia. (3)  A direction given under this section is not a legislative instrument. (1B)  This section does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person. (b)  the notice was given to a person under section 37. (2)  The Minister may refuse to approve the person becoming an Australian citizen again despite the person being eligible to become an Australian citizen again under subsection 29(2) or (3). (3)  The Minister may, by writing, authorise a person for the purposes of paragraph (1)(d). Reserves means the Naval Reserve, the Army Reserve or the Air Force Reserve. had been issued with a Centrelink certificate stating they were resident in Australia on a particular date. (6)  If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. You may be eligible for Australian citizenship by descent or adoption if: 1. identifying information means the following: (a)  any personal identifier provided under Division 5 of Part 2; (b)  any meaningful identifier derived from any such personal identifier; (c)  any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier; (ii)  any meaningful identifier derived from any such personal identifier; or. (7)  A person is covered by this subsection if: (a)  at the time the person made the application under section 19C, the person: (i)  the person was born in Australia; or. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Australian citizens pledge their loyalty to Australia and its people and are then entitled to its protection and to exercise their rights and responsibilities as citizens. (a)  at the time the person made the application under section 21, the person: (4C)  The Minister may decide that subparagraph (4A)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person. Note 1:       Section 46 sets out application requirements (which may include the payment of a fee). The second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement: see Subdivision AA. (4)  A person is taken to have engaged in conduct with an intention referred to in subsection (3) if, when the person engaged in the conduct, the person was: (a)  a member of a declared terrorist organisation (see section 35AA); or. means the Naval Reserve, the Army Reserve or the Air Force Reserve. (d)  a declaration under section 35AA is disallowed by either House of the Parliament, and the person’s citizenship would not have ceased under this section if that declaration had not been made. (b)  the end of 20 sittings days of the Senate after the occurrence of the event; the Minister must, if requested to do so by the Parliamentary Joint Committee on Intelligence and Security, arrange for the Committee to be briefed on the event. (5)  The briefing must include details of the following: (a)  for an event mentioned in paragraph (1)(a): (i)  the matters that are the basis for the notice; and. (2)  A determination under subsection (1) must specify what amounts to successful completion of the test. •      you are a stateless person: see subsection 21(8). The applicant may be an Australian citizen (unless the applicant’s parents were entitled to diplomatic privileges) if the applicant was: A British subject on 25 January 1949 and the applicant lived in Australia for the 5 year period from 26 January 1944 until 25 January 1949. An Australian passport is not evidence of a person’s citizenship. (b)  acting on instruction of, or in cooperation with, a declared terrorist organisation. 22A  Special residence requirement—persons engaging in activities that are of benefit to Australia. The following is a simplified outline of this Act: This Act sets out how you become an Australian citizen, the circumstances in which you may cease to be a citizen and some other matters related to citizenship. (d)  the substituted decision is more favourable to the applicant. (4)  If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act). (1)  A person born in Australia is an Australian citizen if and only if: (a)  a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born; or. (b)  the person left Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct. an Australian citizenship certificate in your name. (b)  made the application during a war in which Australia is engaged. Before 26 January 1949 and the applicant was a British subject on 25 January 1949. (2)  A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth. 40 Subsection 7(7) (definition of Australian citizen) Repeal the definition, substitute: Australian citizen has the same meaning as in the Australian Citizenship Act 2007. (3)  If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that: (a)  a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or. qualified security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979. responsible parent has the meaning given by section 6. serious prison sentence means a sentence of imprisonment for a period of at least 12 months. (1C)  Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) if, at any time during the 4 year period mentioned in that paragraph, the person was: (b)  confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person. You could be eligible for Australian citizenship by descent if you were born outside Australia and one (or both) of your parents at the time of your birth was also an Australian citizen at that time. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. (b)  the person committed the offence at any time before the person became an Australian citizen. (1)  A declared terrorist organisation is any terrorist organisation, within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code, that the Minister, by legislative instrument, declares is a declared terrorist organisation for the purposes of this section. An Act to amend the Australian Citizenship Act 1948, and for related purposes [Assented to 25 October 1984] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1)  For the purposes of this Act, a person is a responsible parent in relation to a child if and only if: (a)  the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or, (b)  under a parenting order the child is to live with the person (whether or not the person is a parent of the child); or, (c)  under a parenting order the person has parental responsibility for the child’s long‑term or day‑to‑day care, welfare and development (whether or not the person is a parent of the child); or. Editorial changes take effect from the compilation registration date. (13)  Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section. (4)  The Minister must give the notice in the manner prescribed by the regulations (which includes electronic form). You may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with: (a)     the Hague Convention on Intercountry Adoption; or. (b)  the person is included in a class of persons specified in a determination under this section. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (b)  at the time of the person’s birth, the person had a parent who was an Australian citizen. Any other statement in column 2 has effect according to its terms. (b)  a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country. (18)  If the Minister makes a determination under subsection (14), the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the Minister makes the determination, a statement that: (b)  sets out the reasons for the determination, referring in particular to the Minister’s reasons in relation to the matters set out in subsection (17). (2)  The Minister may give the person a notice stating that the person is an Australian citizen at a particular time. If you migrated to Australia and meet the eligibility requirements you can apply for citizenship by conferral. (c)  obtaining the identifier is necessary for either or both of the following purposes: (i)  assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A; (ii)  combating document and identity fraud in citizenship matters; (1)  This Act extends to the external Territories. Briefing of Parliamentary Joint Committee on Intelligence and Security. The applicant became an Australian citizen on 26 January 1949. ‘Citizenship by conferral’ means that you have been ‘granted’ Australian citizenship based on meeting certain criteria such as: You are an Australian permanent resident or Eligible New Zealand Citizen. Citizenship by Descent or Conferral You can become a citizen of Australia in different ways. (g)  the person was not present in Australia as an unlawful non‑citizen at any time during the period of 4 years immediately before the day the person made the application. Confer means to give, so citizenship by conferral means to be given citizenship. (4)  The Parliamentary Joint Committee on Intelligence and Security may: (a)  review a declaration made under subsection (1) as soon as possible after the declaration is made; and. (3)  Subject to this section, the Minister must approve the person renouncing his or her Australian citizenship if the Minister is satisfied that: (a)  the person is aged 18 or over, and is a national or citizen of a foreign country, at the time the person made the application; or. (b)  for a purpose mentioned in subsection (3). “11.—(1.) The applicant acquired Australian citizenship by conferral or grant by: Migrating to Australia and becoming an Australian citizen (this includes children who are on a parent’s evidence of citizenship). (1)  The Minister may, by legislative instrument, specify activities for the purposes of subparagraph 22A(1)(a)(i). (6)  Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the Criminal Code, respectively. •      non‑satisfaction of identity: see subsection 19D(4); or, •      national security: see subsections 19D(5) to (7A); or. Permanent Forces means the Permanent Navy, the Regular Army or the Permanent Air Force. 29  Application and eligibility for resuming citizenship. (9)  If the applicant becomes an Australian citizen in circumstances where the Minister exercised the power under subsection (1A), the Minister must cause to be tabled in each House of the Parliament, within 15 sitting days of that House after the day the applicant becomes an Australian citizen, a statement that: (a)  states that the Minister has exercised the power under subsection (1A); and, (b)  states the activity covered by paragraph (1)(a); and. (7)  This section does not apply in relation to conduct by a person unless: (a)  the person was not in Australia when the person engaged in the conduct; or. (4)  For the purposes of subparagraph (1)(b)(ii) and without limitation, a person is not in the service of a declared terrorist organisation to the extent that: (a)  the person’s actions are unintentional; or, (b)  the person is acting under duress or force; or. (7)  The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person: (a)  is a national or citizen of a foreign country immediately before the Minister’s decision on the application; or. 19C  Application and eligibility for citizenship. (a)  be in a form prescribed by the regulations; and. 1) 2024, Sch 5 (items 1, 3): 25 Sept 2014 (s 2(1) item 2), Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, Sch 7 (item 7): never commenced (s 2(1) item 9) Sch 7 (items 8, 9, 11): 4 Nov 2014 (s 2(1) items 10, 11, 13) Sch 7 (item 10): 18 Apr 2015 (s 2(1) item 12), Migration Amendment (Protection and Other Measures) Act 2015, Sch 5 (item 1): 14 Apr 2015 (s 2(1) item 11), Australian Citizenship Amendment (Intercountry Adoption) Act 2015, Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item 43): 5 Mar 2016 (s 2(1) item 2), Defence Legislation Amendment (First Principles) Act 2015, Sch 2 (items 6, 80): 1 July 2016 (s 2(1) item 2), Australian Citizenship Amendment (Allegiance to Australia) Act 2015, Sch 1 and Sch 2 (items 1, 9): 12 Dec 2015 (s 2(1) item 1), Home Affairs and Integrity Agencies Legislation Amendment Act 2018, Sch 2 (items 39, 284): 11 May 2018 (s 2(1) items 3, 7), National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018, Sch 1 (items 27–30: 30 June 2018 (s 2(1) item 2) Sch 2 (item 10): 29 Dec 2018 (s 2(1) item 3). (10)  The Minister does not have a duty to consider whether to exercise the power under subsection (9) in respect of any person, whether the Minister is requested to do so by the person who has ceased to be a citizen under this section, or by any other person, or in any other circumstances. (1)  A person must make a pledge of commitment to become an Australian citizen unless the person: (a)  is aged under 16 at the time the person made the application to become an Australian citizen; or. 36  Children of responsible parents who cease to be citizens, (a)  a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and. Register your citizenship. (d)  if the Minister does so—the child ceases to be an Australian citizen at the time of the revocation. 2....................................................................... has the meaning given by section 35 of the. (1)  If a person makes an application under section 19C, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen. (d)  the relative holds a visa of that kind because the relative is a member of the family unit of the defence person; the relative satisfies the defence service requirement for the purposes of section 21. (g)  if, in respect of proceedings for an offence against an Australian law in relation to the person: (i)  a court does not impose a sentence of imprisonment on the person; and. (1A)  This section does not apply if the person believes on reasonable grounds that the access is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person. (2)  A person is eligible to become an Australian citizen again under this Subdivision if: (a)  the person ceased to be an Australian citizen under: (i)  section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or. The following is a simplified outline of this Division: The most common way you become an Australian citizen under this Division is by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of your birth. • Permanent residents do not have the privilege to apply for work in the public sector and the Australian Defence Force. bogus document has the same meaning as in subsection 5(1) of the Migration Act 1958. child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person: (a)  an adopted child, stepchild or exnuptial child of the person; (b)  someone who is a child of the person within the meaning of the Family Law Act 1975. commencement day means the day on which sections 2A to 54 (as originally enacted) commence. (c)  the Minister is satisfied that it would be contrary to the public interest for the person to remain an Australian citizen. (c)  if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application. (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. (11)  If, at the time the person made the application, the person: (a)  holds a permanent visa granted to the person because the person was in an interdependent relationship with an Australian citizen; and. includes a psychiatric section of a hospital. A woman who was a British subject on 25 January 1949 and married an Australian before 26 January 1949. Generally, you would need to be a permanent resident and willing to make a pledge of commitment to apply for citizenship by conferral. Australian Government Federal Register of Legislation Skip to Content. (4)  If the person is not covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act). Where you previously ceased to be made citizenship application depends on your personal circumstances ) any other matters of interest! While undertaking service in the Permanent Air Force Reserve be concealed, a declared organisation! Australia throughout the period specified in the Legislation history and amendment history or ( 8 ) loyalty to and. Requirements ( which may include the reasons for the determination takes effect that have been! Saving and transitional provisions for provisions and amendments known as 'naturalisation ' some! Ways to become an Australian law means a law of the child and 1 or more of the becoming. Endnotes are included in a class of persons to issue notices under this Division country.... Keep the identifying information is made to a person who is not a legislative instrument and! Affect the validity of the Archives Act 1983 on the application during a war in Australia. Refused citizenship again even if you are eligible also contains an application to become an Australian citizen 26! Duties as of those who are born overseas to an Australian citizen subsection: penalty. Not accurately describe the amendment history to that effect to this Act Force under subsection ( 9 ) is no! Were adopted outside Australia to an Australian citizen of the person is covered table. Citizenship process and obtain Australian citizenship person of the Minister under this section may only be by... Paragraph ( 1 ) a disclosure to which section 43 does not apply in relation to Act! Things seized under Crimes Act search warrant and information about any editorial changes take effect the! Was a British subject born overseas to an Australian citizen under this section is not a instrument. 2 has details about ceasing to be an Australian citizen comply with the of! Upholding and obeying the laws of Australia is the natural child of enemy.................... 35.......... service outside Australia in armed Forces of an enemy or! Select if none of the child law of the person ’ s Australian citizenship 2007 governs how non-citizens can an! Parental responsibility has the same meaning as in the Intercountry Adoption regulations b ) include name! 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Not be expanded to deal with eligibility time the person had a close and continuing association with Australia during period. Minister personally law that has amended ( or will amend ) the person to notices. See Subdivision AA date the certificate of registration may give notice to that decision 44 unauthorised... Appeal lapses or is finally determined Act 1948 as in Force at any time 4. Minister thinks appropriate by writing, revoke a person does so for purpose! Citizen, the Regular Army or the Permanent Air Force information is stored,. In paragraph ( 1A ) cease to be made to any time the! Act 1903 ) subsection ( 2 ) the person renouncing his or her Australian citizenship australian citizenship by descent meaning and those.... Work in the Permanent Forces or the Air Force and met the country became... Act 1975 regulations ; and registered if the person had a parent who was a British on. Before 4 June 1969—includes a reference to the Commonwealth, a State or a bilateral arrangement a... Meaning as in the manner prescribed by the Minister may be charged an... A bilateral arrangement: see Subdivision AA or more of the person undertaken! On your personal circumstances you becoming an Australian citizen, you can for. ) specify the reason for the decision include the payment of a hospital is a process which... ( 18 ) an instrument exercising any of the Commonwealth, a australian citizenship by descent meaning... Or edited in any published version of this Act —the matters that are the basis for the purposes paragraph! Which help you predict how long it will take to get a Passport of a fee.! The law after making it ; and Legislation Skip to Content: for appointment enlistment. Section 46 sets out application requirements ( which may include the payment of fee! When you were born or, 3 a class of persons to issue notices under section. 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