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ACIs - Introduction

AUSTRALIAN CITIZENSHIP INSTRUCTIONS (ACIs)
INTRODUCTION TO THE AUSTRALIAN CITIZENSHIP INSTRUCTIONS (ACIs)
Australian Citizenship Instructions (ACIs) The role of the ACIs is to support the Australian Citizenship Act 2007. The instructions provide guidance on policy in relation to the interpretation of, and the exercise of powers under, the Act and the Regulations. Decision makers should be mindful that policy must not be applied inflexibly. Policy cannot constrain the exercise of delegated powers under the Act. Latest changes The ACIs, which are part of the centralised Departmental instructions system (CDIS), were reissued on 1 January 2011 to make some minor technical changes and update: Chapter 3 - Citizenship by descent: incorporated procedures for processing applications from 15 September 2010 Chapter 5 - Citizenship by conferral: incorporated new policy in assessing the ‘close and continuing association with Australia’ legislative requirement in considering the Ministerial discretion Under Sections 22(9) and 22(10) Spouse, de fact partner or surviving spouse or defacto partner of an Australian citizen Chapter 9 - Evidence of Australian citizenship: update chapter to reflect current policy Chapter 10 - Character: updated information on obtaining overseas police clearances updated.

Owner/author
Citizenship Policy Section, Citizenship Branch, Citizenship, Settlement & Multicultural Affairs Division, National office. Chapters: Chapter 1 - Preliminary and definitions Chapter 2 - Automatic acquisition of citizenship Chapter 3 - Citizenship by descent Chapter 4 - Children Chapter 5 - Citizenship by conferral Chapter 6 - Ceremonies Chapter 7 - Resuming citizenship Chapter 8 - Cessation of Australian citizenship Chapter 9 - Evidence of Australian citizenship Chapter 10 - Character Chapter 11 - Personal identifiers Chapter 12 - National security Chapter 13 - Offences and prosecutions under the Act Chapter 14 - New Zealand citizens in Australia Chapter 15 - People born in Papua New Guinea Chapter 16 - Citizenship test.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

1 January 2011 Introduction - p 1

ACIs - Chapter 1

CHAPTER 1 - PRELIMINARY AND DEFINITIONS
This chapter comprises: Overview of Chapter 1 Part 1 of the Act - Preliminary Attachment A - Permanent resident under the old Act.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

17 September 2010 Chapter 1 - p 2

ACIs - Chapter 1

OVERVIEW OF CHAPTER 1
This chapter deals with Part 1 of the Australian Citizenship Act 2007 (the Act) which includes a definition of terms used in the Act, a simplified outline on how to become an Australian citizen, the circumstances in which a person ceases to be a citizen and other matters related to citizenship. This chapter also contains information on the Australian Citizenship Instructions (ACIs) and the role of the Citizenship Help Desk and information on British subject status before and after 26 January 1949.

Legislation: the Act and the Regulations
The concept of Australian citizenship has existed since the commencement of the Nationality and Citizenship Act 1948, now known as the Australian Citizenship Act 1948 (the old Act), on 26 January 1949. Before the old Act, the concept of Australian citizenship did not exist - Australian-born and those naturalised in Australia had the status of British subjects. The Act, which came into effect on 1 July 2007 sets out the conditions under which Australian citizenship may be acquired or lost. The Australian Citizenship (Transitionals and Consequentials) Act 2007 (the Transitional Act) provide for transitional matters in relation to applications under the old Act. The Act and Regulations are distributed separately from these instructions. The Australian Citizenship Regulations 2007 (the Regulations) prescribe matters permitted by the Act for carrying out or giving effect to the Act. The Australian Citizenship Instructions (ACIs) support the Act.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

17 September 2010 Chapter 1 - p 3

ACIs - Chapter 1

PART 1 OF THE ACT - PRELIMINARY
This part comprises: Short title (s1) Commencement (s2) Simplified outline (s2A) Definitions (s3) Australian citizen (s4) Permanent resident (s5) Responsible parent (s6) National security offence (s6A) Children born on ships or aircraft or after death of parent (s7) Children born as a result of artificial conception procedures or surrogacy arrangements under a prescribed law of an Australian state/territory (s8) Confinement in prison or psychiatric institution (s9) Personal identifiers (s10) Operation of Act (s11).

SHORT TITLE (S1)
Section 1 of the Act defines the short title: ‘This Act may be cited as the Australian Citizenship Act 2007.’

COMMENCEMENT (S2)
The Act received Royal Assent on 15 March 2007 and came into effect on 1 July 2007.

SIMPLIFIED OUTLINE (S2A)
Simplified outlines have been included within the Act (see s2A) to explain, in plain English, the operation of various parts of the Act.

DEFINITIONS (S3)
The following terms are defined in s3 of the Act: adverse security assessment - has the meaning given by s35 of the Australian Security Intelligence Organisation Act 1979. Section 35 of the ASIO Act provides that: ‘Adverse security assessment means a security assessment in respect of a person that contains: (a) (b) any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.’

National security considerations apply to decisions on applications for citizenship under s17 (descent), s19D (citizenship for persons adopted in accordance with the Hague Convention on Intercountry adoption), s24 (conferral) and s30 (resumption).
Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 - p 4

this term refers to a definition inserted into the Acts Interpretation Act 1901 as a result of the Same-sex Relationships (Equal Treatment in commonwealth Laws .Chapter 1 artificial conception procedure .General Law Reform) Act 2008. The Ashmore & Cartier Islands became an Australian territory on 3 May 1934. foreign law . For policy and procedures see Chapter 4: Part 2 . Australian law child . The de facto partner of a person may be their same-sex or opposite-sex de facto partner. Norfolk Island was also part of Australia for the purposes of the old Act. immediately before they became Australian territories. Australia . The Australian Antarctic Territory became an Australian territory on 13 June 1933.see also Chapter 11 . ex-nuptial child and a child within the meaning of the Family law Act 1975.Personal identifiers. The Coral Sea Islands became an Australian territory on 30 September 1969. commencement day de facto partner . This definition was expanded on 15 March 2009 to allow for the recognition of children to same-sex couples. It is relevant to the application of residence discretions at s22(9). disclose . entrusted person . Australian citizen . Coral Sea Islands and Heard & McDonald Islands. see Attachment A .p 5 . Christmas Island (in the Indian Ocean) became an Australian territory on 1 October 1958. Cocos (Keeling) Islands and Christmas Island territories. Australian Antarctic Territory.Historical provisions in relation to residents of Cocos (Keeling) Islands on 23 November 1955 of Chapter 5 .Australia’s external territories comprise of Norfolk Island. see Children born as a result of artificial conception procedures or surrogacy arrangements under a prescribed law of an Australian state/territory (s8). The Cocos (Keeling) Islands have been part of Australia since 23 November 1955. Cocos (Keeling) Islands.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 . See Responsible parent (s6) for further information on responsible parent.see also Chapter 11 .For definition.A foreign country is any country other than Australia. stepchild.includes adopted child. Ashmore & Cartier Islands. It is a term primarily associated with the term ‘responsible parent’.see also Chapter 11 .Citizenship by conferral.see also Australian citizen (s4).Children born as a result of artificial conception procedures or surrogacy arrangements. For further information on historical provisions. Christmas Island. Cocos (Keeling) Islands and Christmas Island Australian Antarctic Territory Ashmore & Cartier Islands Coral Sea Islands Heard & McDonald Islands There was provision for people ordinarily resident in Norfolk Island. Heard & McDonald Islands became an Australian territory on 24 April 1953. to acquire Australian citizenship by registration of a declaration.Personal identifiers. identifying information .Personal identifiers. Norfolk Island Norfolk Island is part of Australia for the purposes of the Act but not for the purposes of the Migration Act.

or any information. Ordinarily resident in another country does not mean temporarily absent from Australia but that Australia has ceased to be the permanent place of residence. attendance at school. or any qualification of any opinion or advice. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 .s35 of the ASIO Act provides that: ‘Qualified security assessment means a security assessment in respect of a person that: (a) (b) contains any opinion or advice.Chapter 1 national security offence . See Chapter 15 .s3(2) Schedule 3 of the Transitional Act provides an expanded definition or permanent visa.the External Territory of Papua and the Trust Territory of New Guinea. See Chapter 2 .the External Territory of Papua and the Trust Territory of New Guinea.see also Permanent resident (s5). old Act .ACIs . there were two separate territories . there were two separate territories . and allows for further offences to be covered by the definition through a determination. psychiatric institution .The definition of ‘national security offence’ makes it clear that certain offences against Australian laws are national security offences.People born in Papua New Guinea.p 6 . New Guinea . Section 6A of the Act provides for such determinations to be made. ordinarily resident The term “ordinarily resident” is used in four provisions: s12(1)(b) in relation to a child becoming an Australian citizen on their 10th birthday s22A and s22B in relation to special residence requirements and s33(3)(b) in relation to renunciation. See Chapter 15 . permanent visa . that is or could be prejudicial to the interests of the person. Similar considerations are relevant to assessing whether a person is ordinarily resident in another country. See also National security offence (s6A).Prior to Papua New Guinea (PNG) Independence on 16 September 1975.People born in Papua New Guinea permanent resident .Automatic acquisition of citizenship. Relevant considerations when assessing whether a person is or was ordinarily resident in Australia during a particular period include: the length of physical residence in Australia whether the applicant considered that their home was in Australia the nature and extent of any periods of absence from Australia and the nature and extent of ties with Australia such as presence of family. personal identifier prison .Prior to Papua New Guinea (PNG) Independence on 16 September 1975.The old Act was in force from 26 January 1949 up to and including 30 June 2007.also see s9 for information relating to confinement in prison or psychiatric institution. club memberships. qualified security assessment .also see s9 for information relating to confinement in prison or psychiatric institution. and does not contain a recommendation of the kind referred to in paragraph (b) of the definition of adverse security assessment. Papua .

a serious repeat offender is a person who has previously been sentenced to a serious prison sentence and then released.this definition is to extend the meaning of stepchild to children in de facto relationships. special category visa special purpose visa Stateless Persons Convention .ACIs . adoptive parents under the Hague Convention on Intercountry Adoption. A person who is convicted for two or more offences simultaneously and sentenced to 12 months or more (where the sentences are served concurrently) is not a ‘serious repeat offender’. stepchild . serious prison sentence . and has then been convicted for another offence and sentenced to another serious prison sentence. unlawful non-citizen .s3(1) of the Transitional Act provides the following expanded definition. justify prescribed administrative action being taken or not being taken in respect of the person to the prejudice of the interests of the person. not the amount of time the person spends in prison. citizenship by conferral and responsible parents. A sentence of at least 12 months periodic detention is also considered a ‘serious prison sentence’ serious repeat offender. They have been guilty of acts contrary to the purposes and principles of the United Nations.p 7 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 . despite the fact the person may be released on good behaviour after spending less than 12 months in prison. including same-sex de facto relationships. by themselves.see also Responsible parent (s6). The term ‘unlawful non-citizen’ refers to non-citizens in Australia who do not hold a visa.Item 3(3) of the Transitional Act expands this definition to include valid entry permits within the meaning of the Migration Act as in force immediately before 1 September 1994 and a valid visa within the meaning of that Act as in force immediately before 1 September 1994. or a crime against humanity. They have committed a serious non-political crime outside the country of residence prior to their admission to that country. visa .Article 1(2)(iii) of the Convention Relating to the Status of Stateless Persons provides that the Stateless Persons Convention does not apply: ‘(iii) To persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace. AUSTRALIAN CITIZEN (S4) Australian citizen means a person who: is an Australian citizen under Division 1 or 2 of Part 2 of the Act or was an Australian citizen under the old Act immediately before 1 July 2007 and has not ceased to be an Australian citizen under the new Act. a war crime. The term is used in several sections of the Act in relation to descent.Chapter 1 whether or not the matters contained in the assessment would. as defined in the international instruments drawn up to make provisions in respect of such crimes.Whether a prison sentence is a ‘serious prison sentence’ depends on the length of the sentence handed down by the courts.’ responsible parent . Subdivision A Citizenship by Descent. For example. a sentence of 12 months in prison is a ‘serious prison sentence’.’ (b) (c) The Stateless Persons Convention only applies to applications under Division 2.

an Authority to Return or a Return Endorsement. changing terminology to remove references to “residence order” and “specific issues order” and referring simply to “parenting order”. states “permitted to remain indefinitely”.p 8 . A parenting order is made by the court and can cover the allocation of parental responsibility. see Chapter 12 . it should be worked out under s5A of the old Act. and any aspect of care. This provision makes clear that if it is necessary to work out if a person was a permanent resident before commencement day (1 July 2007). See Attachment A . contact and communication. that is. Further advice can be sought from the Citizenship Help Desk.Citizenship by descent. living arrangements.ACIs . For s16. NATIONAL SECURITY OFFENCE (S6A) For policy and procedures relating to s6A. such as a resident return visa. For s12. issued under the Migration Act. In relation to periods spent outside Australia. (4) . which aim to focus the court and the parties on parenting as the central issue. see Citizenship by birth (s12).cancellation of child’s approval s28(3). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 . welfare or development of the child.children of parents who cease being Australian citizens. by a legislative instrument under s5(2) of the Act to be permanent residents for the purposes of the Act.Permanent resident under the old Act. a visa. CHILDREN BORN ON SHIPS OR AIRCRAFT OR AFTER DEATH OF PARENT (S7) This section may be relevant to the application of s12 (birth) and s16 (descent). The changes are a consequence of amendments to the Family Law Act 1975. maintenance. People who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands on an unrestricted basis are determined. see Chapter 3 . a person will be a permanent resident if their presence in Australia is not subject to any time limitation. The best interests of a child come first when a court is making a parenting order.Chapter 1 PERMANENT RESIDENT (S5) The term permanent resident is relevant to Citizenship by birth (s12) and s21 (conferral of Australian citizenship).day citizenship begins and s36 .National security. Section 6 of the Act was amended on 3 July 2008 (with retrospective effect from 1 July 2007). and Regulations. in a number of provisions: s25(4) . Generally. See Chapter 5 . RESPONSIBLE PARENT (S6) The term responsible parent is used in the Act. a person is a permanent resident if they have permission to return to Australia as a permanent resident.Citizenship by conferral.

PERSONAL IDENTIFIERS (S10) For policy and procedures relating to s10. if a person serves 6 months imprisonment as weekend detention (approximately 48 days in prison). OPERATION OF ACT (S11) No further guidance on s11 is necessary.General Law Reform) Act 2008.Chapter 1 CHILDREN BORN AS A RESULT OF ARTIFICIAL CONCEPTION PROCEDURES OR SURROGACY ARRANGEMENTS UNDER A PRESCRIBED LAW OF AN AUSTRALIAN STATE/TERRITORY (S8) Section 8 was amended with effect from 15 March 2009 by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws . Section 8 applies to children born as a result of an artificial conception procedure either in Australia or overseas. The period during which a person is ‘confined to a prison’ does not include time spent in a prison serving a sentence for a conviction that is later overturned (quashed). they have not been ‘confined to a prison’. It does not apply to surrogacy arrangements occurring overseas. If an applicant has been sentenced to a home detention order and detained at their home. see Chapter 11 . These amendments are consistent with amendments to the Family Law Act 1975. Because of the complexities involved.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 . the period during which they are ‘confined to a prison’ is the entire 6 month period. Section 8 applies to children who are covered by s60H (children born as a result of artificial conception procedures) or 60HB (children born under surrogacy arrangements) of the Family Law Act.Personal identifiers. CONFINEMENT IN PRISON OR PSYCHIATRIC INSTITUTION (S9) If a person is sentenced to periodic detention.p 9 . For example. not just the number of days they actually spend in prison. Section 8 applies only to surrogacy arrangements made under Australian state/territory laws that are prescribed under the Family Law Act 1975. all cases involving children born as a result of a surrogacy arrangement must be referred to the Citizenship Help Desk for guidance. they are ‘confined to a prison’ for the purposes of the Act for the entire length of the sentence.

that the person held a temporary entry permit or a temporary visa or was a prohibited immigrant. For example. and having become absorbed into the Australian community before that date (see PAM3: Absorbed person visas) was a Norfolk Island permanent resident prior to 1 September 1994 (since then. prohibited noncitizen or illegal entrant. A person in Australia would not be a permanent resident during periods. a person will be a “permanent resident” if their presence in Australia is not subject to any time limitation under the Migration Act.ACIs . established residence in Australia. a permanent visa holder or New Zealand citizen who is temporarily on Norfolk Island). issued under the Social Security Act 1991. People in this category must have lodged an application for a Centrelink certificate before 26 February 2004 or are part of a very small group who established permanent residence in Australia but were unable to be physically present in Australia in the 3 months immediately following 26 February 2001 and who applied to Centrelink by 26 February 2002. For the purposes of the old Act. this group includes business people. he or she would have been regarded as a permanent resident (for example. Note: People eligible for a certificate under the Social Security Act 1991 (a “Centrelink certificate”) were New Zealand citizens who: were existing recipients of social security payments who were outside Australia on 26 February 2001 but returned within 26 weeks of that date or arrived to reside in Australia between 27 February 2001 and 25 May 2001 (inclusive) and had a Centrelink certificate certifying that they had. generally.Chapter 1 ATTACHMENT A . a person is a permanent resident if the person: holds a permanent visa (from 1 September 1994) or held a permanent entry permit (prior to 1 September 1994) is a New Zealand citizen who entered Australia by evidencing their New Zealand citizenship by presentation of a valid New Zealand passport. with some exceptions and was in Australia on 26 February 2001 as the holder of a special category visa or was outside Australia on 26 February 2001 but was in Australia as the holder of a special category visa for a period totalling not less than one year in the two years immediately before that date or does not fall within the above two categories but has a Centrelink certificate. for the purposes of that Act.PERMANENT RESIDENT UNDER THE OLD ACT The term permanent resident is relevant to such matters as citizenship by birth and by grant. church workers and aid workers who would have experienced hardship if they had to return by 26 May 2001 became an “absorbed person” by being present in Australia on 2 April 1984. for example. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 17 September 2010 Chapter 1 . It is a very complex definition but. under the Social Security Act. In relation to periods spent in a “prescribed Territory” (Norfolk Island and the Cocos (Keeling) Islands) a person is a permanent resident while lawfully present in the territory if: the person’s presence in the territory was not subject to any limitation as to time or had the person been elsewhere in Australia. not having left Australia since.p 10 . it is defined in s5A. with further provisions in reg 5(1A) and declarations under s5A(2). such persons are granted permanent visas on entry to mainland Australia). residing in Australia on a particular date. that states that they were. In relation to periods spent in Australia (excluding Norfolk Island and the Cocos (Keeling) Islands).

ACIs - Chapter 1

In relation to periods spent outside Australia, a person is a permanent resident if he or she holds permission to return to Australia as a permanent resident, such as a resident return visa, an Authority to Return or a Return Endorsement. For details, see s5A(1)(d) and regulation 5(1A). Since 1 September 1994, there has also been provision for certain New Zealand citizens who are outside Australia to be regarded as permanent residents. Note: There are particular complexities regarding the situation of New Zealand citizens. See Chapter 14 - New Zealand citizens in Australia.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

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ACIs - Chapter 2

CHAPTER 2 - AUTOMATIC ACQUISITION OF CITIZENSHIP
This Chapter comprises: Overview of Chapter 2 Attachment A

- Historical provisions - Birth in Australia and transitional provisions.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

1 January 2011 Chapter 2 - p 12

ACIs - Chapter 2

OVERVIEW OF CHAPTER 2
This part comprises: Automatic acquisition of Australian citizenship (Part 2, Division 1) Citizenship by birth (s12) Citizenship by adoption (s13) Citizenship for abandoned children (s14) Citizenship by incorporation of territory (s15). Part 2 Division 1 of the Act covers the four circumstances where automatic citizenship may apply: Some people automatically became Australian citizens when the old Act came into effect on 26 January 1949. See Attachment A - Historical provisions - Birth in Australia and transitional provisions. Most Australian citizens by birth are not recorded in the Department’s data storage system. They may be recorded if they have come to the attention of the Department, for example, if they have sought evidence of their Australian citizenship, or applied to register a child as a citizen by descent, or if they have lost or renounced their Australian citizenship. The acquisition of Australian citizenship under this Division is by operation of law. Although there is no decision to be made to approve or refuse citizenship, there is still a need for a finding of fact to be made that a person satisfied the requirements of a particular section of Part 2 of Division 1 of the Act. A finding of fact will be necessary for people seeking evidence that they automatically acquired Australian citizenship. For further information on applications for Evidence of Australian Citizenship, see Chapter 9 - Evidence of Australian citizenship. People may come to the attention of the Department through other means such as border control or compliance activities. If there is any question about a person’s citizenship status, the matter should be referred to the Citizenship Manager in the relevant state/territory office (STO). If the Citizenship Manager makes a decision about the citizenship status of a person, the finding of fact should be recorded in the Department’s data storage system. A person can lose Australian citizenship as a result of their actions, or as a result of their responsible parent’s actions. See Chapter 8 - Cessation of Australian citizenship.

AUTOMATIC ACQUISITION OF AUSTRALIAN CITIZENSHIP (PART 2, DIVISION 1)
Since the legal status of Australian citizenship came into force on 26 January 1949, there have been various changes to the citizenship legislation relating to the acquisition of Australian citizenship by birth. Different rules apply according to the person’s date of birth. Refer to Attachment A - Historical provisions - Birth in Australia and transitional provisions for birth in Australia prior to commencement of the Act.

CITIZENSHIP BY BIRTH (S12)
This part comprises: Permanent residents and exempt non-citizen Children born in Norfolk Island or the Territory of Cocos (Keeling) Islands Ordinarily resident in Australia over 10 years since birth Children born to foreign diplomats.
Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 2 - p 13

ACIs - Chapter 2

Section 12(1)(a) is an operation of law provision. Although there is no decision to be made to approve or refuse citizenship, a finding of fact can be made on whether a person has met the requirements of s12(1)(a), see Chapter 9 - Evidence of Australian citizenship.

Permanent residents and exempt non-citizen
For further guidance on the meaning of permanent resident for the purposes of the Act, see Chapter 1 - Preliminary and definitions. If it is necessary to work out if a person was a permanent resident at a time before commencement of the Act the definition of permanent resident in the old Act must be used. See Attachment A Permanent resident under the old Act of Chapter 1.

Children born in Norfolk Island or the Territory of Cocos (Keeling) Islands
Children born in Norfolk Island and the Territory of Cocos (Keeling) Islands are born in Australia for the purposes of the Act. Before 20 August 1986, a child born on Norfolk Island or the Territory of Cocos (Keeling) Islands acquired Australian citizenship by birth unless one of the parents was a foreign diplomat. On or after 20 August 1986, a child born on Norfolk Island or the Territory of Cocos (Keeling) Islands acquired Australian citizenship by birth if at least one parent was either an Australian citizen or permanent resident at the time of the child’s birth. If a parent was a resident of Norfolk Island or the Territory of Cocos (Keeling) Islands, you will need to consult the legislative instrument under s5(2) of the Act to determine whether they are considered a permanent resident for the purposes of the Act, or Attachment A - Permanent resident under the old Act of Chapter 1.

Ordinarily resident in Australia over 10 years since birth
This provision operates regardless of the migration or citizenship status of the parent(s). Relevant considerations in assessing ordinarily resident include: the length of physical residence in Australia whether the applicant considered that their home was in Australia for the first ten years of their life the nature and extent of any periods of absence from Australia and the nature and extent of ties with Australia such as presence of family, attendance at school, club memberships. Temporary absences from Australia do not necessarily mean that Australia has ceased to be the permanent place of residence. The person does not need to be in Australia on their 10th birthday for this provision to apply.

Children born to foreign diplomats
A child born in Australia of a foreign diplomat posted here for a limited period would not be taken to be ordinarily resident in Australia for the purposes of this provision.

CITIZENSHIP BY ADOPTION (S13)
Australian citizenship is automatically acquired under s13 when a child is adopted in Australia, or an overseas adoption is finalised under Australian law, and the child is present in Australia as a permanent resident and at least one adoptive parent is an Australian citizen.
Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 2 - p 14

For further details on citizenship by adoption. unless the contrary is proven.Adopted children.Evidence of Australian citizenship.Chapter 2 Section 13 is an operation of law provision. All cases must be referred to the Citizenship Help Desk together with any documentary evidence such as a report from the police force which located the child.ACIs .Evidence of Australian citizenship. and any report(s) from any other authority involved in deciding that the child had been abandoned. A child abandoned in Australia is deemed to have been born in Australia. a finding of fact can be made on whether a person satisfies the requirements of s14. This provision does not apply to: persons adopted in Australia before 22 November 1984 (those persons may apply for conferral of Australian citizenship) children adopted overseas .unless they are also legally adopted in Australia or that adoption is finalised under Australian law. Although there is no decision to be made to approve or refuse citizenship. CITIZENSHIP BY INCORPORATION OF TERRITORY (S15) Section 15 is an operation of law provision. see Chapter 9 . the Minister may determine. by instrument. see Chapter 4: Part 1 . If any territory becomes part of Australia. CITIZENSHIP FOR ABANDONED CHILDREN (S14) Section 14 is an operation of law provision. a finding of fact can be made on whether a person satisfies the requirements of s13.p 15 . the specified classes of persons who become Australian citizens on a specified date. see Chapter 9 . Although there is no decision to be made to approve or refuse citizenship. The instrument can take effect before the date it is registered under the Legislative Instruments Act 2003. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 2 . A person of the specified class becomes an Australian citizen on the specified date. All cases must be referred to the Citizenship Help Desk.

most people ceased to be Australian citizens on 15 September 1975 with the declaration of PNG Independence on 16 September 1975.ACIs . See s23D(2) of the Act as in force at that time. A child is not an Australian citizen by birth if a parent is an enemy alien and the birth occurred in a place in Australia at a time that place was under occupation by the enemy.Chapter 2 ATTACHMENT A . unless a parent was an Australian citizen or a permanent resident and was not an enemy alien. 6 MAY 1966 TO 21 NOVEMBER 1984 INCLUSIVE People born in Australia were Australian citizens at birth unless their father was entitled to diplomatic privileges and immunities or was a consular officer of a foreign country and was not an Australian citizen or a permanent resident. 22 NOVEMBER 1984 TO 19 AUGUST 1986 INCLUSIVE People born in Australia were Australian citizens at birth unless one parent was entitled to diplomatic privileges and immunities or was a consular officer of a foreign country and neither parent was an Australian citizen or a permanent resident. the person automatically acquires Australian citizenship on their tenth birthday. However. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 2 . 26 JANUARY 1949 TO 5 MAY 1966 INCLUSIVE This part comprises: Diplomat parents from 26 January 1949 to 24 November 1952 Diplomat parents from 25 November 1952 to 5 May 1966. and the person is ordinarily resident in Australia until their tenth birthday. People born in Papua between 26 February 1949 and 15 September 1975 were Australian citizens at birth.People born in Papua New Guinea.BIRTH IN AUSTRALIA AND TRANSITIONAL PROVISIONS This part comprises: 20 August 1986 to the present 22 November 1984 to 19 August 1986 inclusive 6 May 1966 to 21 November 1984 inclusive 26 January 1949 to 5 May 1966 inclusive Before 26 January 1949 The transitional arrangements on 26 January 1949. at the time of the birth. See Chapter 15 . If neither parent is an Australian citizen or a permanent resident at the time of a person’s birth in Australia. People born between 1 December 1973 and 21 November 1984 acquired Australian citizenship at birth if. the person’s mother was an Australian citizen and the person would otherwise be stateless.HISTORICAL PROVISIONS .p 16 . 20 AUGUST 1986 TO THE PRESENT People born in Australia are Australian citizens if at least one parent is an Australian citizen or a permanent resident at the time of the person’s birth in Australia.

THE TRANSITIONAL ARRANGEMENTS ON 26 JANUARY 1949 When the old Act came into effect on 26 January 1949 some people automatically became Australian citizens as a result of the provisions of s25 of that Act.ACIs . Diplomat parents from 25 November 1952 to 5 May 1966 Children born in Australia to a diplomat from a Commonwealth country were no different to children born to diplomats from non-Commonwealth countries and did not acquire Australian citizenship at birth. Such people are recorded in ICSE or (d) had been ordinarily resident in Australia and/or New Guinea for the 5 year period between 26 January 1944 and 25 January 1949. people born in Australia were British subjects. Section 25(1) of the Act provided that a person became an Australian citizen. and therefore at common law they did not have immunity from suit and legal process. their children born in Australia acquired Australian citizenship at birth. BEFORE 26 JANUARY 1949 Australian citizenship did not exist before 26 January 1949.p 17 . (b) or (c) on 26 January 1949 to become Australian citizens if they arrived in Australia: before 26 January 1949 on an unrestricted basis (citizenship commenced on 26 January 1949) between 26 January 1949 . Before that date. If a diplomat was from a non-Commonwealth country. Section 25(3) provided for British subjects born outside Australia and New Guinea before 26 January 1949. Until the commencement of the Australian Diplomatic Immunities Act 1952 on 25 November 1952. People whose circumstances are as briefly outlined below should be asked to complete a Form 119 if they seek evidence of their Australian citizenship. their children born in Australia did not acquire Australian citizenship at birth. diplomats from Commonwealth countries did not represent a foreign sovereign. Diplomat parents from 26 January 1949 to 24 November 1952 If a diplomat was from a Commonwealth country. This includes: children whose names were included in a parent’s certificate and women who made declarations that they desired to acquire British nationality under the Nationality Act 1920-1946. During this period the status of Diplomats changed. This includes persons whose home was in Australia. or Australia was their place of permanent abode (notwithstanding temporary absence). provided that at the time of the person’s birth their father was not in Australia as a diplomatic representative of another country were born in New Guinea had been naturalised as a British subject in Australia.6 May 1966 on an unrestricted basis (citizenship commenced on the date of entry) or Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 2 .Chapter 2 People were Australian citizens at birth unless their father was not an Australian citizen and was a foreign diplomat “who had the immunity from suit and legal process accorded to an envoy of a foreign country accredited to His Majesty”. on 26 January 1949. The repeal of s25 on 1 May 1987 did not affect the citizenship status of such people. to a father who acquired Australian citizenship under s25(1)(a). if they were a British subject immediately prior to 26 January 1949 and: (a) (b) (c) were born in Australia.

30 April 1987 on an unrestricted basis and was still a British subject on arrival (citizenship commenced on the date of entry). Note: A woman who had lost her British nationality as a result of acquiring another nationality by marriage was deemed by s27 to still have been a British national immediately before 26 January 1949. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 2 .ACIs . if she had entered Australia and been married prior to that date.Chapter 2 between 6 May 1966 . Section 25(4) provided for a British subject woman who did not otherwise acquire Australian citizenship but had a husband who did (or dead husband who would have if he were still alive) to acquire Australian citizenship on 26 January 1949.p 18 .

Chapter 3 CHAPTER 3 .ACIs .p 19 .British nationality and British subjects.cessation of Australian citizenship Attachment E .the old Act Attachment B .Historical provisions .DNA testing Attachment D . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 .CITIZENSHIP BY DESCENT This Chapter comprises: Overview of Chapter 3 Eligibility Application requirements Decision making Attachment A to Chapter 3 .Fraud Attachment C .

if the birth occurred prior to 26 January 1949. DNA testing may be used to verify the claimed parentage of the applicant. If the person was born prior to 26 January 1949. If the Australian citizen parent is a citizen by descent. Surrogacy arrangements Extreme caution should be exercised in cases where the child may be born as a result of offshore surrogacy arrangements.Children born as a result of artificial conception procedures or surrogacy arrangements. Further information is at Chapter 4: Part 2 . or if the person has ceased to be an Australian citizen within the 12 months prior to application (cessation). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . Attachment C . An application must be refused if the decision maker is not satisfied of the person’s identity.p 20 .the old Act outlines the provisions for Australian citizenship by descent between 26 January 1949 and 30 June 2007.Fraud has information on the circumstances in which additional scrutiny is warranted. Attachment A to Chapter 3 . a parent must have been either born in Australia or naturalised prior to the child’s birth. Attachment B . or unless the person is not a national or citizen of another country and has never been a national or citizen of another country. Because of the complexities involved in these cases. if the person has been assessed by ASIO as a risk to national security. The Act requires that applicants aged 18 years and over be of good character unless the applicant is a stateless person.Chapter 3 OVERVIEW OF CHAPTER 3 Part 2 Division 2 Subdivision A of the Act provides that a person may be registered as an Australian citizen by descent if they were born overseas to at least one parent who was either an Australian citizen at the time of birth or. Where necessary. All evidentiary documentation must be closely examined. Decision makers considering applications for citizenship by descent need to take into account the risk of fraud in this caseload. a person cannot be registered as an Australian citizen by descent unless the parent had been present in Australia lawfully for a total of two years at some time prior to the application. all cases involving surrogacy arrangements must be referred to the Citizenship Help Desk. became an Australian citizen on 26 January 1949.DNA testing has information on DNA testing.ACIs .

The Citizenship Help Desk should be notified of applications from people who are stateless or to whom article 1(2)(iii) of the Stateless Persons Convention applies. Persons born outside Australia before 26 January 1949 Section 16(3) provides that a person born before 26 January 1949 may be eligible to be registered as a citizen by descent provided they were born outside Australia or New Guinea and: a parent became an Australian citizen on 26 January 1949 the parent was born in Australia or New Guinea or was naturalised in Australia before the person’s birth and the person is of good character. If the applicant’s parent was originally an Australian citizen by descent. Persons born outside Australia on or after 26 January 1949 Section 16(2) provides that persons born on or after 26 January 1949 may be registered as citizens by descent provided they were born overseas and: a parent was an Australian citizen at the time of the person’s birth and the person is of good character if 18 years or over and if the parent is an Australian citizen by descent or full Hague adoption at the time of the birth: the parent has been lawfully present in Australia for a total of at least two years or the person is not a national or citizen of another country at the time of application and has never been a national or citizen of another country. Decision makers must also ensure there are no prohibitions on approval . The Citizenship Help Desk should be notified of applications from people who are stateless or to whom article 1(2)(iii) of the Stateless Persons Convention applies.p 21 . must be of good character .Preliminary and definitions.see An application must be approved or refused (s17). ceased to be an Australian citizen and then resumed their Australian citizenship.Preliminary. If the person is or has been a national of any country of where article 1(2)(iii) of the Stateless Persons Convention applies .see An application must be approved or refused (s17). Decision makers must also ensure there are no prohibitions on approval .ACIs . Section 32(2) provides that a person resumes the same kind of citizenship they held before ceasing to be an Australian citizen.see the definition of Stateless Persons Convention in Definitions (s3) of Chapter 1 Part 1 of the Act . if 18 years and above.Chapter 3 ELIGIBILITY This part comprises: Persons born outside Australia on or after 26 January 1949 Persons born outside Australia before 26 January 1949. meaning they would again become an Australian citizen by descent. the parent must have been lawfully present in Australia for a total of at least two years. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 .see the definition of Stateless Persons Convention in Definitions (s3) in Chapter 1 . Section 16(2) provides that a person to whom article 1(2)(iii) of the Stateless Persons Convention applies.

The following guidelines apply. for applications received both on-shore and offshore: in cases where a person applies for Australian citizenship by descent for their child on the grounds that they are the child’s biological parent. where it would appear that the Australian citizen parent is a non biological parent. as well as evidence of the length and nature of the relationship with the biological parent of the child. as well as evidence of the length and nature of the relationship with the biological parent of the child. and the decision maker is satisfied that the person is the child’s biological parent. The decision maker should ask the parent to provide evidence of the length and nature of the relationship with the child. then current procedures remain in place in cases where a person applies for Australian citizenship by descent for their child. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 .ACIs . the decision maker should ask the parent to provide evidence of the length and nature of the relationship with the child.p 22 . National Office. or if the results of a DNA test do not support the claims. it is still appropriate for a decision maker to request a DNA test in cases where the decision maker is not satisfied that the person is the biological parent of a child if the parent refuses to undergo a DNA test. via the Citizenship Helpdesk for decision. on the grounds that they are the child’s biological parent.Chapter 3 Processing applications for citizenship by descent as from 15 September 2010 Applications for citizenship by descent. should be sent to Citizenship Policy Section. The case should then be referred to Citizenship Policy Section for decision via the Citizenship Helpdesk.

see Chapter 1 .ACIs . Responsible parent is defined in s6 of the Act. Applications must be on the form approved by the Minister. These applicants are also required to complete the National Police Check (NPC) Application Form. APPLICANTS BORN BEFORE 26 JANUARY 1949 Check whether the applicant was born outside Australia or New Guinea and whether a parent became an Australian citizen on 26 January 1949. if any identification documents for the responsible parent which include a signature. In Australia. which is available from the Australian Federal Police website www. contain the information required by the form. The application must be made in the current legal name of the applicant. See Descent provisions.Preliminary and definitions. driving licence and credit card/utilities bill). For overseas lodged applications the current guidelines for translations in that post apply. in the last 10 years: the applicant has lived or travelled overseas since the age of 18 years or over and the total time spent overseas added up to 12 months or more and the time spent in any one country was more than 90 days or the applicant is requested to do so by the Department. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . passport bio page. a penal clearance certificate for Australia may be required.gov. The approved form for applications for citizenship by descent is the Form 118 “Application for Australian citizenship by descent”.afp. translators should be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) as qualified to do official translations from the other language into English. The following documents should support the application: the applicant’s full birth certificate official evidence of any change of name by the applicant evidence that a parent was an Australian citizen when the applicant was born the Australian citizen parent’s birth certificate or evidence of Australian citizenship if parent was not born in Australia official evidence of any change of name by the Australian citizen parent penal clearance certificates from overseas countries if. Note: If the applicant is overseas and spent time in Australia. Official translations of documents in languages other than English must be provided.p 23 .Chapter 3 APPLICATION REQUIREMENTS This part comprises: Applicants born before 26 January 1949 Applicants born on or after 26 January 1949 Information and documents to accompany applications (reg 12) Fees to accompany applications (reg 12A). be accompanied by any other information prescribed by the regulations and be accompanied by a fee (if any) prescribed by the regulations.au. If an applicant is under 16 years of age a responsible parent must sign the application form. photograph and current address (eg. Applications made on behalf of a child under 18 years of age needs to be supported by: an endorsed passport size photograph of the child the child’s passport.

au School or employment records or documents issued by a Commonwealth. information and documents not in English must be accompanied by an official translation.Chapter 3 APPLICANTS BORN ON OR AFTER 26 JANUARY 1949 Check whether a parent was an Australian citizen at the time of the applicant’s birth. ORIGINAL evidence of two years’ residence in Australia: Passport(s) with movement stamps. In Australia.records@immi. FEES TO ACCOMPANY APPLICATIONS (REG 12A) Under reg 12A. ORIGINAL evidence can be in the form of the following: Australian birth certificate (for parents born before 20 August 1986) Evidence (Certificate) of Australian citizenship unrestricted Australian passport issued after 22 November 1984. translations should be done by National Accreditation Authority of Translators and Interpreters (NAATI) accredited translators. Check the Department’s data storage system ICSE. the person should be informed that the application will be sent for processing to the overseas post closest to the applicant’s country of residence for processing. an application for Australian citizenship by descent must be accompanied by the fee mentioned in item 2 of Schedule 3.ACIs . Mainframe (CT (CAS) TRIPS). INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATIONS (REG 12) Under reg 12.p 24 . state or territory Government agency. item 1 of Schedule 3 prescribes the fee for the first sibling and a reduced fee for the second and subsequent siblings. The Department’s MAL system must also be checked against the name of the parents. If the parent was an Australian citizen by descent or full Hague adoption at the time of the birth. unless the applicant is not a citizen of another country and has never been such a national or citizen of another country. the parent must have been present in Australia for a total of two years before the application. reels and microfiche) determine whether there is a record of a change to the parent’s citizenship status. contact: movement. If assistance with movement is required. If the applicant is overseas and the application is lodged in Australia by an authorised person. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . Where applications are made at the same time by 2 or more siblings. For overseas lodged applications the current guidelines for translations in that post apply.gov. All known cases of attempted fraud are recorded in MAL.

REGISTRATION (S18) Under s18 if the person is approved to become an Australian citizen by descent their details must be registered in the Department’s data storage system. If an applicant meets the eligibility requirements and there is no prohibition on approval. See Notification of decisions (s47). s19A provides that even if an application is approved. National security ((s17(4). an application for citizenship by descent must not be approved unless the applicant is stateless (see below).Chapter 3 DECISION MAKING This part comprises: An application must be approved or refused (s17) Registration (s18) Day citizenship begins (s19) Notification of decisions (s47) Review of decisions (s52) Revocation by Minister (s34). DAY CITIZENSHIP BEGINS (S19) A person becomes a citizen by descent on the day the application is approved. AN APPLICATION MUST BE APPROVED OR REFUSED (S17) An application for citizenship by descent must be approved or refused. s17(4A) and s17(4B)) All cases concerning national security must be referred to the Citizenship Help Desk. If the applicant is stateless. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . a person does not become a citizen unless their parent was either an Australian citizen at the time of birth (on or after 26 January 1949) or became an Australian citizen on 26 January 1949 (where the birth occurred before that date). If ASIO has issued an adverse security assessment or qualified security assessment against the applicant.p 25 . an application must not be approved if the person has been convicted of a national security offence. However. There are a number of circumstances where an application for citizenship by descent must not be approved. Such an assessment will be made where the applicant is a direct or indirect risk to the security of Australia. These relate to: identity national security and cessation of citizenship. they must be approved. Cessation of citizenship (s17(5)) No further guidance is necessary.ACIs . They must also be given notice of the decision. Identity (s17(3)) No further guidance is necessary.

If the decision is a refusal. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . a person must be given notice of the decision on their application.Cessation of Australian citizenship. REVIEW OF DECISIONS (S52) Under s52(1) a decision to refuse an application for Australian citizenship by descent can be reviewed by the AAT. even if they were approved and registered. REVOCATION BY MINISTER (S34) See Chapter 8 .Chapter 3 The law makes it clear that if a person never had a parent who was an Australian citizen they are taken to never have been an Australian citizen by descent. the notice must include the reasons for the decision and advice that they have a right to have this decision reviewed by the AAT.ACIs .p 26 . NOTIFICATION OF DECISIONS (S47) Under s47.

Chapter 3 ATTACHMENT A TO CHAPTER 3 . Between 22 November 1984 and 30 June 2007 Section 10B of the old Act required that a person born overseas to an Australian citizen parent be registered before the age of 18 years. the person’s father was an Australian citizen or. or such further period as allowed by the Minister. registrations were allowed after the one year period except if: they were born in a Commonwealth country (listed in the then s7) and became a citizen of that country by birth and the relevant parent was not ordinarily resident in Australia or New Guinea. Until 15 September 1975 the Territory of Papua was part of Australia for the purposes of the old Act. the mother was an Australian citizen or British subject ordinarily resident in Australia or New Guinea and the birth was registered at an Australian consulate within one year after the birth. the child’s father or mother was an Australian citizen at the time of the birth if the child was born out of wedlock. As a matter of policy. From July 2002. The requirements during the time were: Between 26 January 1949 and 30 April 1970. As a matter of policy. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . Until 15 September 1975 the Territory of Papua was part of Australia for the purposes of the old Act.p 27 . or such further period as allowed by the Minister. if a person was born out of wedlock. registrations were allowed after the five year period. s11 of the old Act required that: at the time of the birth. the age limit for registration was 25 years. 26 January 1949 to 21 November 1984 A person born overseas to an Australian citizen parent became an Australian citizen when the birth was registered at an Australian consulate.THE OLD ACT This part comprises: People born outside Australia on or after 26 January 1949 to an Australian citizen parent People born outside Australia or New Guinea before 26 January 1949 to a father who became an Australian citizen on 26 January 1949 People born outside Australia or New Guinea before 26 January 1949 to a mother who became an Australian citizen on 26 January 1949. s11 of the old Act required that: if the child was born in wedlock. the child’s mother was an Australian citizen or a British subject ordinarily resident in Australia or New Guinea at the time of the birth and the birth was registered at an Australian consulate within five years after the birth.ACIs . Between 30 April 1970 and 21 November 1984. PEOPLE BORN OUTSIDE AUSTRALIA ON OR AFTER 26 JANUARY 1949 TO AN AUSTRALIAN CITIZEN PARENT This part comprises: 26 January 1949 to 21 November 1984 Between 22 November 1984 and 30 June 2007 People born out of wedlock.

s11 of the old Act provided for registration by descent for people born overseas between 26 January 1949 and 15 January 1974.Chapter 3 Between 1991 and 30 June 2007. and allowed registration of people born to Australian mothers between 26 January 1949 and 30 April 1970. People born out of wedlock If a person was born out of wedlock. reg 12.ACIs . This includes: children whose names were included in a parent’s certificate and women who made declarations that they desired to acquire British nationality under the Nationality Act 1920-1946. provided that at the time of the person’s birth their father was not in Australia as a diplomatic representative of another country or born in New Guinea prior to 26 January 1949 or naturalised as a British subject in Australia. or Australia was their place of permanent abode (notwithstanding temporary absence). These people are recorded in ICSE or (d) ordinarily resident in Australia and/or New Guinea for the five year period between 26 January 1944 and 25 January 1949. to a father who acquired Australian citizenship under s25(1)(a). Descent provisions Section 25(3) provided that British subjects born outside Australia and New Guinea before 26 January 1949. the registration referred only to the mother. This includes people whose home was in Australia. some people automatically became Australian citizens (s25).p 28 . The repeal of this provision on 1 May 1987 did not affect the citizenship status of such people. the person could be re-registered. (b) or (c) became Australian citizens if they arrived in Australia: before 26 January 1949 on an unrestricted basis (citizenship commenced on 26 January 1949) between 26 January 1949 and 6 May 1966 on an unrestricted basis (citizenship commenced on the date of entry) or between 6 May 1966 and 30 April 1987 on an unrestricted basis and were a British subject on arrival (citizenship commenced on the date of entry). Who became a citizen on 26 January 1949? When the old Act came into effect on 26 January 1949. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . The provision for the registration of people born to Australian mothers in wedlock was made retrospective. Section 25(1) provided that a person became an Australian citizen if they were a British subject immediately prior to 26 January 1949 and had been: (a) (b) (c) born in Australia. PEOPLE BORN OUTSIDE AUSTRALIA OR NEW GUINEA BEFORE 26 JANUARY 1949 TO A FATHER WHO BECAME AN AUSTRALIAN CITIZEN ON 26 JANUARY 1949 This part comprises: Who became a citizen on 26 January 1949? Descent provisions. If the birth was later legitimated under the Marriages Act 1961.

The requirements that: the applicant was present in Australia for any time before 1 May 1987 and the applicant was of good character. a person born outside Australia and New Guinea before 26 January 1949 to a mother born in Australia or New Guinea. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . could apply for citizenship.p 29 . between 18 June 1991 and 17 June 1996 inclusive. or naturalised in Australia. However.Chapter 3 PEOPLE BORN OUTSIDE AUSTRALIA OR NEW GUINEA BEFORE 26 JANUARY 1949 TO A MOTHER WHO BECAME AN AUSTRALIAN CITIZEN ON 26 JANUARY 1949 People born overseas before 26 January 1949 to a mother who became an Australian citizen on 26 January 1949. were not eligible for citizenship by descent.ACIs .

the bona fides should be checked in one or more of the following ways: review movements of both stated parents using their passports and the Movements Database ask for detailed reasons why the Australian citizen mother was overseas at the time of the birth ask for medical evidence of pregnancy from the stated mother’s doctor. This is often difficult to detect because in many countries a new birth certificate is issued without any reference to the natural parents or the fact that the child has been adopted. preferably an Australian doctor obtain verification of the birth and parent’s details from the hospital where the birth is stated to have occurred a medical examination of the stated mother by a panel doctor a DNA test review any visa held by the child.ACIs . Adopted children are not eligible for citizenship by descent. Immediately report any fraudulent attempt to obtain citizenship by descent to the Citizenship Help Desk so that details can be included on MAL. Most airlines will not carry a passenger after the 28th week of pregnancy the person stated to be the child’s mother is of mature age and the birth certificate shows the child to be her first born the person stated to be the child’s mother claims to have had no pre-natal attention from a doctor in Australia the person stated to be the child’s mother claims she had no ante-natal care an application is lodged by a responsible parent in Australia and the child is off-shore the birth certificate was issued many years after the birth the travel movements of the person stated to be the Australian father indicate he was in Australia around the time the child would have been conceived.p 30 .Chapter 3 ATTACHMENT B . There have been fraudulent attempts to register adopted children. The overseas post issuing the visa may be able to comment on why a visa was granted instead of the child being registered as a citizen by descent. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 . Where doubt exists about the Australian citizen parentage of a child.FRAUD An application requires additional scrutiny if one or more of the following circumstances apply: the person stated to be the child’s mother departed from Australia in what would have been a very advanced state of pregnancy.

However.DNA TESTING DNA testing can be used to verify the Australian citizen parentage of a person who is an applicant for Australian citizenship by descent. If the opportunity to provide DNA evidence in support of an application has not been used. Somali.Chapter 3 ATTACHMENT C .gov.au/DIMA_services/citizenship/citizenship_letters/intranet_only_letters). via the Citizenship Helpdesk for decision. Mandarin. the case should be referred to Citizenship Policy Section. DNA testing facilities and procedures (how tests are conducted and details of recommended laboratories) is available in PAM3: Div1. Translations of this form are available in Vietnamese.immi. It can also be useful where there is some doubt about the validity of the claimed relationships and/or credible documentation cannot be provided to substantiate the claims. Where there is doubt about the link to an Australian citizen.ACIs . Dari. Tagalog. DNA evidence will be most useful in countries where there is a high incidence of document fraud or where official documentation is simply unavailable.p 31 .Member of the family unit .12 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 .DNA testing. National Office. They can also be obtained from the Citizenship Help Desk. Letters requesting DNA testing for Australian citizenship applicants can be found on IMMInet (at http://dimanet. there is no legal power to compel an applicant and their stated Australian citizen parent to undergo DNA testing. These procedures should be followed if a decision has been made to request an applicant to undergo DNA testing. Public information is available on the Department’s website and on Form 1259i (Information about DNA testing for visa and citizenship applicants). Decisions on applications should be made on the information available at the time.2/reg1. the decision maker should take this into consideration when making a decision. French and Arabic. Amharic.

Historical provisions .HISTORICAL PROVISIONS .Chapter 3 ATTACHMENT D . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 .CESSATION OF AUSTRALIAN CITIZENSHIP See Chapter 8 Attachment A .p 32 .ACIs .Cessation of Australian citizenship.

Chapter 3 ATTACHMENT E .ACIs .p 33 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 3 .British nationality and British subjects.BRITISH NATIONALITY AND BRITISH SUBJECTS See Attachment E to Chapter 5 .

Full Hague adoption Acquisition of Australian citizenship by application for conferral and Part 2 .Full Hague adoption Decision .Adopted children Overview of adoption provisions & Citizenship Automatic acquisition of Australian citizenship by adoption Acquisition of Australian citizenship by application under full Hague adoption Eligibility for citizenship .Chapter 4 CHAPTER 4 .ACIs . comprising: Part 1 .full Hague adoption Application requirements (s46) .Adopted children.p 34 .CHILDREN This Chapter comprises two parts: Part 1 .Children born as a result of artificial conception procedures or surrogacy arrangements Introduction Children born in Australia as a result of a surrogacy arrangement Children born overseas as a result of a surrogacy arrangement. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .

full Hague adoption Application requirements (s46) .ACIs .Chapter 4 PART 1 .p 35 .ADOPTED CHILDREN This part comprises: Overview of adoption provisions & Citizenship Automatic acquisition of Australian citizenship by adoption Acquisition of Australian citizenship by application under full Hague adoption Eligibility for citizenship .Full Hague adoption Decision . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .Full Hague adoption Acquisition of Australian citizenship by application for conferral.

The child must be a EXPATRIATE ADOPTIONS Generally Offshore Child adopted overseas by Australians residing overseas. The adoption is finalised overseas with the issue of a valid “adoption compliance certificate”. usually a subclass 102 Adoption visa. Australian citizenship is automatically acquired under s13 Citizenship by adoption when the adoption is finalised under Australian law if the 1 January 2011 Chapter 4 . do not issue “adoption compliance certificates”). The child must be a permanent resident at the time of application and at the time of decision to be eligible for Australian citizenship. if the child is present in Australia as a permanent resident and at least one adoptive parent is an Australian citizen. HAGUE CONVENTION ADOPTION AUSTRALIAN ADOPTION AUTHORITIES ARE USUALLY INVOLVED FULL HAGUE ADOPTION Generally offshore Child is adopted by Australian citizen/s under the Hague Convention’s full Hague adoption arrangements for Intercountry adoptions. The child requires a visa to enter Australia.Chapter 4 OVERVIEW OF ADOPTION PROVISIONS & CITIZENSHIP Adopted children may acquire Australian citizenship in a number of ways depending on the type of adoption that has taken place: automatic citizenship by adoption (s13) citizenship by full Hague adoption (s19) or citizenship by conferral (s21(5)). DOMESTIC ADOPTIONS Onshore Child is adopted in Australia by Australian citizen/s with the involvement of Australian adoption authorities and under Australian law. The adoption is recognised under Australian law. These adoptions are not recognised under Australian law unless and until they have been finalised in Australia. and the adoption is finalised in Australia after a period of supervision. Application may be made for Australian citizenship by conferral (s21(5)) using form 1290. and at least one adoptive parent is an Australian citizen. The child requires a visa to enter Australia.p 36 .ACIs . These adoptions are not recognised under Australian law. If the adoption is not finalised in Australia an application may be made for Australian citizenship by conferral (s21(5)) using form 1290. usually a subclass 102 Adoption visa. with no involvement by Australian adoption authorities. Application may be made for Australian citizenship under Subdivision AA Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption using form 1272 Section 19C sets out the application and eligibility requirements. The table below sets out the different adoption provisions and pathways to Australian citizenship. if the child is present in Australia as a permanent resident. A child adopted under a full Hague adoption arrangement will not be required to obtain a Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office OTHER ADOPTIONS SIMPLE HAGUE ADOPTION Onshore Some Hague Convention countries do not have full Hague adoption arrangements (ie. Refer Family Law (Hague Convention on Intercountry Adoption) Regulations 1998. Regulations 16 & 17. STATE AND TERRITORY (BILATERAL) ADOPTION ARRANGEMENTS Child arrives in Australia on a subclass 102 Adoption visa. Australian citizenship is automatically acquired under s13 Citizenship by adoption when the adoption is finalised under Australian law. Australian citizenship is automatically acquired under s13 Citizenship by adoption when the adoption is finalised under Australian law.

permanent resident at the time of application and decision to be eligible for Australian citizenship. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .p 37 .ACIs . child is present in Australia as a permanent resident and at least one adoptive parent is an Australian citizen.Chapter 4 permanent visa to apply under this provision.

After a period of time.Chapter 4 AUTOMATIC ACQUISITION OF AUSTRALIAN CITIZENSHIP BY ADOPTION This part comprises: Citizenship by adoption (s13) Guardianship of adopted child (until citizenship or other significant event). see Chapter 9 . a child born to a temporary resident is made available for adoption.ACIs . and the child is present in Australia as a permanent resident and at least one adoptive parent is an Australian citizen.Evidence of Australian citizenship. Intercountry adoption arrangements may include arrangements known as ‘bilateral agreements’ or “simple” Hague Convention adoption arrangements. although a signatory to the Hague convention. Although there is no decision to be made to approve or refuse citizenship. certifying that the legal ties between an adopted child and their birth parents have been severed.p 38 . Section 13 is an operation of law provision. or a simple Hague Adoption. but adoption finalised in Australia). A “simple” Hague Convention adoption occurs when a Convention country. The adoption may be a domestic adoption (ie child born and adopted in Australia) or an intercountry adoption (ie child born outside Australia. Section 13 would apply in the case of a domestic adoption where an Australian citizen adopts a permanent resident child. are officially under the guardianship of the Minister for Immigration and Citizenship. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . CITIZENSHIP BY ADOPTION (S13) Australian citizenship is automatically acquired under s13 when a child is adopted in Australia. acquires permanent residence. The date on which an Australian adoption order is made by the court is the date the child acquires Australian citizenship. An intercountry adoption will usually involve a child brought to Australia on an adoption visa. The Convention country agrees that the child is allowed to be moved to Australia where the adoption can be finalised under Australian law. and is adopted by an Australian citizen under a law in force in a state or territory. the adoptive parents apply to the relevant state or territory court for an adoption order. (these people may apply for conferral of Australian citizenship) children adopted overseas (unless they are also legally adopted in Australia or that adoption is finalised under Australian law). usually 12 months after arrival in Australia. This guardianship is delegated to state and territory welfare authorities. does not issue an “adoption compliance certificate”. or an overseas adoption is finalised under Australian law. Section 13 does not apply to: people adopted in Australia before 22 November 1984. a finding of fact can be made on whether a person satisfies the requirements of s13. For example. If the adoption is not finalised in Australia the child must apply for citizenship by conferral. GUARDIANSHIP OF ADOPTED CHILD (UNTIL CITIZENSHIP OR OTHER SIGNIFICANT EVENT) Children who enter Australia holding an Adoption visa where the adoption is to be finalised in Australia under a State and Territory (Bilateral) Adoption Arrangements (STAA).

The guardianship arrangements cease to apply once the child obtains Australian citizenship. when the child reaches the age of 18 years. if the child leaves Australia permanently.p 39 .Chapter 4 This arrangement is set down in the Immigration (Guardianship of Children) Act 1946 (the IGOC Act).ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . Migration Branch. The IGOC Act provides a framework for state and territory governments to supervise the adoption process in Australia and ensure that arrangements are in the best interests of the children. The adoptive parent(s) and the adoption/welfare authorities in the state or territory in which the family usually resides are advised when a decision is made on the child’s permanent visa application as to whether the child falls within these guardianship provisions. or when orders are made that the IGOC Act ceases to apply (usually when an Australian adoption order is made for the child). Issues with the guardianship status of the child should be referred to Family Section.

or who is also a citizen of. The Australian Government Attorney-General’s Department has primary responsibility for developing and maintaining intercountry adoption arrangements with other countries as the central authority for adoption programs in Australia. see Eligibility for citizenship . Hague Convention adoptions which are considered full Hague adoptions are ones in which all legal ties between the adopted child and their birth parents have been severed. Citizenship by full Hague adoption is therefore only available for children adopted under the Hague Convention on or after 1 December 1998.p 40 . the adoption is recognised in Australia under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (regulations 16 and 17 refer).ACIs . This responsibility is shared with state and territory authorities.au/www/agd/agd. There is no need for the adoptive parents to seek further recognition of the adoption under Australian law.nsf/Page/IntercountryAdoption_Currentintercountryadoptionpro grams Adoptions other than Full Hague adoptions Not all Hague Convention signatory countries are involved in full Hague adoption arrangements. The list of countries with which Australia has an intercountry adoption program is subject to change and case officers should ensure they check the Attorney-General Department’s website for a full and up-to-date list of open programs at: http://www.full Hague adoption. usually the child’s birth country. is evidence of a full Hague adoption. Note: An “adoption compliance certificate” must comply with Article 23 of the Hague Convention. To ascertain whether the documentation provided is actually an adoption compliance certificate. An Australian citizen who resides in. The Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption commenced operation in Australia on 1 December 1998. An adoption cannot be considered a full Hague adoption without the issuance of a valid “adoption compliance certificate” by the origin country. the adopted child can apply for Australian citizenship by full Hague adoption.ag. Otherwise. OVERVIEW . Once the certificate has been issued. may adopt a child from a third country that is also a signatory to the Hague Convention on Intercountry Adoption.Chapter 4 ACQUISITION OF AUSTRALIAN CITIZENSHIP BY APPLICATION UNDER FULL HAGUE ADOPTION Subdivision AA relates to Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption.gov.FULL HAGUE ADOPTION Citizenship for people adopted in accordance with the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption can be referred to as “Citizenship by full Hague adoption”. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . An “adoption compliance certificate” issued in accordance with the Hague Convention by the adoption authorities of the other Convention country. a Hague Convention country other than Australia. the adopted child must apply for citizenship by conferral. This is known as a “Hague Convention Third Country” adoption. decision makers must refer the document to the Citizenship Policy Section via the Citizenship Helpdesk. If an “adoption compliance certificate” has been issued and at least one of the Australian citizen adoptive parents has met the residence requirement of this section. Each member country must have signed up for the arrangements and produce an “adoption compliance certificate” in respect of the adoption.

to be eligible for Australian citizenship a person under the age of 18 applying for Australian citizenship by conferral under s21(5) must be a permanent resident (that is.Automatic acquisition of citizenship. See Chapter 2 . If the adoption is not finalised in Australia the child must apply for citizenship by conferral . Following amendments to the Act on 9 November 2009. Those adopted to whom an adoption compliance certificate was not issued (as defined under the Intercountry Adoption Regulations) or children adopted by Australian citizens from a country that is not a signatory to the Hague Convention on Intercountry Adoption may apply for citizenship by conferral once they are a permanent resident. they must have activated their permanent visa) at the time of application and at the time of decision.see Eligibility for citizenship by conferral.Chapter 4 A simple Hague adoption occurs when a Convention country.p 41 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . does not issue an “adoption compliance certificate”. although a signatory to the Hague Convention. The Convention country agrees that the child is allowed to be moved to Australia where the adoption can be finalised under Australian law. certifying that the legal ties between an adopted child and their birth parents have been severed. Children adopted under these arrangements may automatically become Australian citizens following the completion of the adoption process in Australia.ACIs .

Note: An “adoption compliance certificate” must comply with Article 23 of the Hague Convention. who ceased and then resumed their citizenship.Chapter 4 ELIGIBILITY FOR CITIZENSHIP . Applicants aged 18 years or over are eligible only if their adoption was agreed to by the adoption authorities of the two Convention countries before the person turned 18 years of age. Section 32(2) provides that a person resumes the same kind of citizenship as that held before ceasing to be an Australian citizen.FULL HAGUE ADOPTION APPLICATION AND ELIGIBILITY FOR CITIZENSHIP (S19C) If the applicant is under 16 years of age a responsible parent must sign the application form. To ascertain whether the documentation provided is actually an adoption compliance certificate. see Chapter 1 . If a person wishes to obtain legal evidence of their Australian citizenship. they should apply for evidence on form 119 Application for evidence of Australian citizenship.Preliminary and definitions. The age limit is specified in Article 3 of the Hague Convention. If the Australian citizen adopting parent acquired their Australian citizenship by descent or ‘full’ Hague adoption.ACIs .p 42 . Responsible parent is defined in s6 of the Act. Note: A Hague extract is not formal evidence of Australian citizenship. Decision makers must also ensure there are no prohibitions on approval . decision makers must refer the document to the Citizenship Policy Section via the Citizenship Help Desk for checking. The adoptive parent must have been lawfully present in Australia (although not necessarily as a citizen) for a total of at least two years at any time before the person’s application is made.see Minister’s decision (s19D). they must have been lawfully present in Australia for at least two years at any time before their adoptive child made their application. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . This requirement also applies where a person’s adopting parent acquired their citizenship by descent or ‘full’ Hague adoption.

FULL HAGUE ADOPTION This part comprises: Information and documents to accompany applications (reg 12) Fees to accompany applications (reg 12A). the decision maker could usually be satisfied with the: birth certificate (original. contain the information required by the form. including original translations if required). Additional guidance can be provided by the Citizenship Helpdesk. then the decision maker will require some other form of official evidence to support the change of name.Preliminary and definitions. change of name document from RBDM). The following documents should support the application: the applicant’s full birth certificate an adoption compliance certificate relating to the adoption of the applicant official evidence of any change of name by the applicant evidence that an adoptive parent was an Australian citizen at the time of the adoption the Australian citizen parent’s full birth certificate official evidence of any change of name by the Australian citizen parent. Responsible parent is defined in s6 of the Act. be accompanied by any other information prescribed by the regulations and be accompanied by a fee (if any) prescribed by the regulations. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . including original translations if required) and adoption certificate (original. If the child’s name has been changed in a moderate-major way and/or the new name was not recorded on the adoption certificate.Chapter 4 APPLICATION REQUIREMENTS (S46) . driving licence and credit card/utilities bill). each case must be treated on its own merits and it will be up to the individual decision maker as to the level of evidence required. the decision maker could usually be satisfied with the: birth certificate (original. passport bio page. If the new name has not been recorded on the adoption certificate. The approved form for applications for citizenship by full Hague adoption is form 1272 Application for Australian citizenship for children adopted under full Hague Convention arrangements. see Chapter 1 . photograph and current address (for example. Applications made on behalf of a child under 16 years of age also need to be supported by: an endorsed passport size photograph of the child the child’s passport.ACIs .p 43 . if any identification documents for the responsible parent which include a signature. or if the decision maker has any doubts/concerns. The application must be made in the current legal name of the applicant. including original translations if required) and other form of official evidence (eg. Change of name requirements -when child’s name is changed by the adopting parent(s) It is very common for the adopting parents to change the child’s name in some manner either at the time of the adoption or shortly after. Under s46 applications must be on the form approved by the Minister. including original translations if required) and adoption certificate (original. If an applicant is under 16 years of age a responsible parent must sign the application form. In general: If the child’s name has been changed in a minor-moderate way and the new name was recorded on the adoption certificate. As with all cases of identity and change of name.

Chapter 4 A minor change would usually be one in which the child’s birth name was essentially retained with the family name changed to the adopting parent’s family name. for example: Birth name: ROSA MAREE JONES Current name: Rose MAREE Smith. FEES TO ACCOMPANY APPLICATIONS (REG 12A) Under reg 12A. Rose Smith. Emily Smith. Emily ROSA MAREE Smith. translations should be done by National Accreditation Authority of Translators and Interpreters (NAATI) accredited translators. for example: Birth name: ROSA MAREE JONES Current name: ROSA MAREE Smith A moderate change would usually be one in which some of the child’s birth name was retained. with the adopting parent’s family name added. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . item 3 of Schedule 3 prescribes the fee for the first sibling and a reduced fee for the second and subsequent siblings. Where applications are made at the same time by 2 or more siblings. an application under s19C of the Act for Australian citizenship must be accompanied by the fee mentioned in item 4 of Schedule 3.p 44 . ROSA Emily Smith. Emily Catherine Smith. and additional names added/removed. In Australia. Emily Marie Smith. for example: Birth name: ROSA MAREE JONES Current name: Rose Marie Smith. A major change would usually be one in which the child’s entire birth name has been changed. ROSA Marie Smith. Rose Emily Smith. Marie Rose Smith. ROSA Smith. MAREE ROSA Smith. Marie Smith. MAREE Smith. INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATIONS (REG 12) Under reg 12. Emily MAREE Smith.ACIs . information and documents not in English must be accompanied by an official translation. Marie Rose Smith. Emily ROSA Smith.

If the applicant is stateless and was born in Australia. Note: There is a discretion for the Minister to approve an application if it would be unfair to refuse it on the basis of the person’s conviction (see s19D(7A)).ACIs . They must also be given notice of the decision. See Notification of decisions (s47). There are a number of circumstances where an application for citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption must not be approved. Identity (s19D(4)) No further guidance is necessary. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .Chapter 4 DECISION . MINISTER’S DECISION (S19D) An application for citizenship for a person adopted in accordance with the Hague Convention on Intercountry Adoption must be approved or refused. These relate to: identity national security and cessation of citizenship. an application for citizenship for a person adopted in accordance with the Hague Convention for Intercountry Adoption must not be approved unless the person is stateless (see below). If the applicant is stateless and was born outside Australia to an Australian citizen parent. National security (s19D(5). an application for citizenship must not be approved if they have been: convicted of national security offence or convicted of an offence (in Australia or overseas) and sentenced to a period of imprisonment for at least 5 years. If an applicant meets the eligibility requirements and there is no prohibition on approval. Such an assessment will be made where the applicant is a direct or indirect risk to the security of Australia. s19D(6). Cessation of citizenship (s19D(8)) No further guidance is necessary. the application would generally be approved. If ASIO has issued an adverse security assessment or qualified security assessment against the applicant.FULL HAGUE ADOPTION This part comprises: Minister’s decision (s19D) Registration (s19E) Registration under s19E of the Act (reg 6) Day citizenship begins (s19F) Notification of decision (s47) Review of decisions (s52) Revocation by Minister (s34). s19D(7) and s19D(7A)) All cases concerning national security must be referred to the Citizenship Help Desk.p 45 . an application for citizenship must not be approved if the applicant has been convicted of a national security offence.

If the decision is a refusal. NOTIFICATION OF DECISION (S47) Under s47 a person must be given notice of the decision on their application. the notice must include the reasons for the decision and advice that they have a right to have this decision reviewed by the AAT.ACIs . DAY CITIZENSHIP BEGINS (S19F) Under s19F a person becomes an Australian citizen by full Hague adoption on the day the application is approved. REVOCATION BY MINISTER (S34) See Chapter 8 .Chapter 4 REGISTRATION (S19E) If the person is approved to be an Australian citizen by full and permanent Hague adoption their details must be registered in the Department’s data storage system in accordance with the regulations. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . REGISTRATION UNDER S19E OF THE ACT (REG 6) No further guidance on s19E or reg 6 is necessary.Cessation of Australian citizenship.p 46 . REVIEW OF DECISIONS (S52) Under s52(1) a decision to refuse an application to become an Australian citizen by full Hague adoption can be reviewed by the AAT.

Following amendments to the Act on 9 November 2009. For all other details on application requirements and relevant law. see Chapter 5 . and is a permanent resident: (i) (ii) at the time the person made the application.Citizenship by conferral.ACIs .p 47 . Section 21(5) provides for citizenship for people under the age of 18 years. Applications for citizenship by conferral must be on either form 1290 or form 1300t.Adoptees The most common circumstances in which an adopted child applies for citizenship by conferral will be where children have been adopted overseas by an Australian citizen parent (expatriate adoptions) under arrangements that do not involve Australian adoption authorities. policy and procedures. the adopted child will need to apply for citizenship by conferral. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .CITIZENSHIP BY CONFERRAL Overview . they must have activated their permanent visa) at the time of application and at the time of decision to be eligible for Australian citizenship. and at the time of the Minister’s decision on the application.Chapter 4 ACQUISITION OF AUSTRALIAN CITIZENSHIP BY APPLICATION FOR CONFERRAL SUBDIVISION B . as follows: Person aged under 18 (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person: (a) (b) is aged under 18 at the time the person made the application. a person under the age of 18 applying for Australian citizenship by conferral under s21(5) must be a permanent resident (that is.Citizenship by conferral. If the adoption has been arranged outside of Hague Convention arrangements or no valid adoption compliance certificate has been issued. Citizenship by conferral provisions are set out in Subdivision B .

Chapter 4 PART 2 .CHILDREN BORN AS A RESULT OF ARTIFICIAL CONCEPTION PROCEDURES OR SURROGACY ARRANGEMENTS This part comprises: Introduction Children born in Australia as a result of a surrogacy arrangement Children born overseas as a result of a surrogacy arrangement.ACIs .p 48 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .

section 21(6) (person born to former Australian citizen) and section 21(7) (person born in Papua). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .Chapter 4 INTRODUCTION The Act contains a number of provisions that refer to a person’s parent. section 16 (citizenship by descent). In cases where a child has been born as a result of surrogacy or artificial conception procedures it may be necessary to see additional evidence of the biological parent-child relationship such as DNA testing. These include section 12 (automatic acquisition by birth in Australia). Sections 30(6) and 47(2) also use the term ‘parent’.p 49 . It will also be necessary to see evidence of the parent’s legal guardianship of the child if they wish to lodge an application on behalf of a child aged under 16 years. The Citizenship Helpdesk can provide further guidance on the types of evidence required to establish the biological link and legal guardianship.ACIs .

These are recognised in s8 of the Act. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 .p 50 .ACIs . As at 1 September 2009. only the Surrogacy Act 2008 (WA) and the Parentage Act 2004 (ACT) are prescribed. Where a child is born as a result of a surrogacy arrangement.Chapter 4 CHILDREN BORN IN AUSTRALIA AS A RESULT OF A SURROGACY ARRANGEMENT In 2008 the Family Law Act was amended to allow for the recognition of children born as a result of certain surrogacy arrangements. Regulation 12CAA of the Family Law Regulations 1984 prescribes the relevant State or Territory laws. and a court makes an order under a prescribed law of an Australian State or Territory to the effect that one or both members of a married or de facto couple are the child’s parents. then both members of the couple are considered to be responsible parents of the child for the purposes of lodging an application for Australian citizenship on behalf of a child aged under 16 years.

extreme caution should be exercised in cases involving surrogacy arrangements entered into overseas to ensure that Australia's citizenship provisions are not used to circumvent adoption laws and other child welfare laws.ACIs . If there is no biological link to the child If there is no biological link between an Australian citizen intended parent and a child born overseas as a result of a surrogacy arrangement. Please note that a child’s birth certificate may list people who have no biological link to the child as the child’s parents. if there is no biological link between an Australian citizen and a child born as a result of a surrogacy arrangement overseas. Citizenship officers must refer any enquiries relating to visas to an appropriate visa officer. As a party to the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. the Australian citizen will need to explore the possibility of seeking an adoption order and sponsor the child for migration to Australia. the circumstances surrounding commercial surrogacy mean that most intended parents with no genetic link to a child born through a surrogacy arrangement would be unlikely to meet the requirement that the adoptive parent must be living outside Australia for more than 12 months at the time of the Adoption visa application (and that this overseas residence was not contrived for the purposes of the adoption). Australia is committed to protecting the fundamental rights of children.p 51 . These Conventions include obligations to prevent the abduction. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 4 . or trafficking of children. all cases involving surrogacy arrangements must be referred to the Citizenship Help Desk. the child will not be eligible for citizenship by descent.Chapter 4 CHILDREN BORN OVERSEAS AS A RESULT OF A SURROGACY ARRANGEMENT Because of the complexities involved in these cases. Although the Adoption visa (subclass 102) does include provision for private adoptions. sale. While Australia does not have obligations towards children who are not within its jurisdiction. Adoption visa requirements are listed in Schedule 2 of the Migration Regulations 1994. Despite what is written on the child’s birth certificate.

Concession fee for certain Centrelink or DVA pensions Attachment E to Chapter 5 .Historical provisions in relation to residents of Cocos (Keeling) Islands on 23 November 1955 Attachment B .ACIs .p 52 .British nationality and British subjects Attachment F to Chapter 5 .Conventions on names. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .CITIZENSHIP BY CONFERRAL This Chapter comprises: Overview of Chapter 5 Eligibility for citizenship by conferral Application requirements Decision making Attachment A .Evidence requirements Attachment G to Chapter 5 .Significant hardship and disadvantage Attachment C .Fees to accompany applications Attachment D .Chapter 5 CHAPTER 5 .

Chapter 5 OVERVIEW OF CHAPTER 5 The requirements for Australian citizenship by conferral (formerly called citizenship by grant) are set out in Part 2.p 53 . a reasonable prospect of becoming the citizen or national of a foreign country. Other circumstances in which an application must be refused are set out in the chapter as appropriate. Most applicants must be in Australia at the time of decision and must not have ceased to be an Australian citizen within the 12 months prior to application (cessation). The Act requires that applicants aged 18 years and over be of good character. or if the person has been assessed by ASIO as a risk to national security. Division 2 (Subdivision B) of the Act. and currently does not have. People may be eligible to become an Australian citizen by conferral if they: satisfy the general eligibility criteria or have a permanent or enduring physical or mental incapacity that means they are not capable of understanding the nature of their application. This chapter sets out the relevant legislative requirements and policy guidelines.ACIs . speech or sight or are aged under 18 and a permanent resident or were born outside Australia to a former Australian citizen who ceased to be a citizen under s17 of the old Act (about dual citizenship) or were born in Papua before 16 September 1975 to a parent born in Australia as currently defined or are a stateless person born in Australia who has always been stateless and has never had. An application must be refused if the decision maker is not satisfied of the person’s identity. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . or of demonstrating a basic knowledge of English or of demonstrating an adequate knowledge of Australian and of the responsibilities and privileges of Australian citizenship or are aged 60 or over or have permanent loss or substantial impairment of hearing.

REQUIREMENTS FOR BECOMING A CITIZEN (S20) No further guidance on s20 is necessary. de facto partner or surviving spouse or de facto partner of an Australian citizen (s22(9) & (10)) Ministerial discretion . s22A & s22B) General residence requirement (s22) Overseas absences (s22(1A) & (1B)) People who were permanent residents immediately prior to 1 July 2007 Confinement in prison or psychiatric institution and Ministerial discretion (s22(1C) & (5A)) Partial exemption .Persons engaging in activities that are of benefit to Australia (s22A) Special residence requirement . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .administrative error (s22(4A) & (5)) Ministerial discretion .p 54 .Persons engaged in particular kinds of work requiring regular travel outside Australia (s22B) Business Skills visa holders Relevant defence service (s23) Application requirements Information and documents to accompany applications (reg 12) Fees to accompany applications (reg 12A).person in Australia would suffer significant hardship or disadvantage (s22(6)) Ministerial discretion .person in an interdependent relationship (s22(11)) Applications made but not decided before 1 July 2007 Activities beneficial to the interests of Australia (for applications lodged prior to 1 July 2007) Special residence requirement .Chapter 5 ELIGIBILITY FOR CITIZENSHIP BY CONFERRAL This part comprises: Requirements for becoming a citizen (s20) Application and eligibility (s21) General eligibility (s21(2)) Permanent or enduring physical or mental incapacity (s21(3)) Person aged 60 or over or has a hearing.ACIs .person born in Australia or former Australian citizen (s22(2)) Ministerial discretion .spouse. speech or sight impairment (s21(4)) Person aged under 18 years (s21(5)) Applicants aged 16 years and over and under the age of 18 Applicants under the age of 16 Wards of the Minister Unaccompanied humanitarian minor (UHM) non-wards Person born to former Australian citizen (s21(6)) Other requirements Person born in Papua (s21(7)) Statelessness (s21(8)) Residence requirement (s22.

If an applicant’s permanent visa ceases or is cancelled. This discretion must not be applied inflexibly and in all cases the Citizenship Help Desk notified. Applicants for Australian citizenship by conferral under sections 21(2). For further information on New Zealand citizens. Permanent resident (s21(2)(b)) Section 5 of the Act defines “permanent resident”. in Australia or to maintain a close and continuing association with Australia (s21(2)(g)) Good character. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . (e) and (f) Likely to reside. if they were outside Australia on that date or have a Centrelink certificate issued prior to 26 February 2004 stating they were residing in Australian on a particular date. or continue to reside. Obtaining permanent residence is a vital milestone for people seeking to become Australian citizens and the circumstances behind the cessation of that permanent residence is an important consideration in deciding an application for Australian citizenship. decision makers must consider the full circumstances of the case to determine whether the application nevertheless warrants approval given the circumstances of the application.Chapter 5 APPLICATION AND ELIGIBILITY (S21) No further guidance on s21 is necessary. lodged on or after 7 October 2008. Applicants are not.New Zealand citizens in Australia. Note: New Zealand citizens are regarded as permanent residents of Australia for the purposes of an application for conferral of Australian citizenship only if they: hold a permanent resident visa or were present in Australia on 26 February 2001 on a Special Category visa or spent a period or periods totalling 12 months in Australia on a Special Category visa in the 2 years before 26 February 2001. 21(3) and 21(4). 21(3) and 21(4). Applicants must be given the opportunity to provide reasons why the application should not be refused. decision makers may consider refusing the application under subsection 24(2). required to be permanent residents at the time of decision on their application. lodged prior to 7 October 2008.p 55 . GENERAL ELIGIBILITY (S21(2)) This part comprises: Permanent resident (s21(2)(b)) Residence requirement (s21(2)(c)) Sections 21(2)(d). are required to be permanent residents at the time they apply and at the time of decision. are required to be permanent residents at the time they apply. In considering whether to exercise this discretion. see Chapter 14 .ACIs . Cessation or cancellation of a permanent visa prior to decision Applicants for Australian citizenship by conferral under sections 21(2). however.

p 56 . Ashmore & Cartier Islands. Ashmore & Cartier Islands. includes the external territories. a permanent visa holder or New Zealand citizen who is temporarily in Norfolk Island. the Coral Sea Islands and Heard & McDonald Islands For the purposes of calculating time spent in Australia for persons who are present in the external territories other than Norfolk Island. but are not limited to. for example. Christmas Island. including Norfolk Island. applicants should be asked to provide evidence of the period they were resident in that particular external territory. referee reports and statutory declarations from non-family members) and the reasons given by the applicant why their application should not be refused. Cocos (Keeling) Islands and Christmas Island The Cocos (Keeling) Islands were transferred to Australia on 23 November 1955. Norfolk Island was also part of Australia for the purposes of the old Act since 26 January 1949. the legislative instrument under s5(2) of the Act determines that a person is a permanent resident while lawfully present in the territory if: the person has been granted a Certificate of Residency by the Norfolk Island authorities or had the person been elsewhere in Australia. Permanent residents of the islands are eligible for Australian citizenship by conferral under the same criteria applicable to people on mainland Australia. why the applicant’s permanent visa ceased. when used in a geographical sense. Definition of Australia and external territories Section 3 of the Act defines Australia as: “Australia. “Australia” when used in a geographical sense. the extent of an applicant’s connection with Australia. Since those dates they have been part of Australia for the purposes of the old Act.Immigration arrangements on Norfolk Island. Evidence such as letters from their employer or school and ship or aircraft departure and arrival records will serve for this purpose. Australian Antarctic Territory. including for the purposes of Australian citizenship by birth. including the residence requirements and discretions. as movement records are not available for these territories. the person would have been regarded as a permanent resident. Cocos (Keeling) Island and Christmas Island. reputation in the community (such as references. but not for the purposes of the Migration Act. including the residence requirements and discretions. Cocos (Keeling) Islands.ACIs . includes the external Territories” This means that for the purposes of the Act. the applicant’s situation in Australia (such as employment and community involvement).Chapter 5 Circumstances that could be considered include. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .Outside the migration zone . Permanent residents of Norfolk Island are eligible for Australian citizenship by conferral under the same criteria applicable to people on mainland Australia. For further details on the status of residents of Norfolk Island. and are part of Australia for the Act. Historical provisions within Australian citizenship legislation for people ordinarily resident in those territories before they became Australian territories are at Attachment A . and Christmas Island (in the Indian Ocean) became an Australian territory on 1 October 1958. In relation to periods spent on Norfolk Island. Norfolk Island Norfolk Island is part of Australia for the purposes of the Act. the Coral Sea Islands and Heard & McDonald Islands. see PAM3: Act . the Australian Antarctic Territory.Historical provisions in relation to residents of Cocos (Keeling) Islands on 23 November 1955.

p 57 . applicants who need to travel regularly outside of Australia because of their professions.Chapter 5 Decision makers assessing applications where the applicant seeks to have time spent in the Australian Antarctic Territory. (e) and (f) Under s21(2A) the requirements that the applicant ‘understands the nature of the application’. applicants may meet either the general residence requirement (s22) or one of the special residence requirements (s22A or s22B). However. For applications received on or after 21 September 2009. ‘possesses a basic knowledge of the English language’ and ‘has an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship’ can only be satisfied by the successful completion of a test. Sections 21(2)(d). or continue to reside. for further details. See Chapter 16 .ACIs . Likely to reside. The requirement to have an ‘adequate knowledge of Australia and of the responsibilities and privileges of Australia citizenship’ is linked to the concepts and information people need to understand in order to make the pledge of commitment. The requirement for applicants for citizenship by conferral to ‘possess a basic knowledge of the English language’ is met if a person has sufficient knowledge of English to be able to exist independently in the wider Australian community. Most applicants will be required to meet the general residence requirement (s22). Ashmore & Cartier Islands.Persons engaging in activities that are of benefit to Australia (s22A) Special residence requirement . the Coral Sea Islands or Heard & McDonald Island considered in meeting the residence requirements should consult the Citizenship Help Desk. The Australian citizenship test is designed to assess whether a person has an adequate knowledge of Australia and the responsibilities and privileges of citizenship.Persons engaged in particular kinds of work requiring regular travel outside Australia (s22B) and Relevant defence service (s23).Citizenship test. See: General residence requirement (s22) Special residence requirement . and a basic knowledge of the English language. in Australia or to maintain a close and continuing association with Australia (s21(2)(g)) Factors that may contribute to a close and continuing association with Australia include: Australian citizen spouse or de facto partner Australian citizen children length of relationship with Australian citizen spouse or de facto partner extended family in Australia return visits to Australia periods of residence in Australia intention to reside in Australia employment in Australia (eg public or private sector) ownership of property in Australia Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . may instead meet one of the special residence requirements (s22A or s22B). Residence requirement (s21(2)(c)) Applicants for citizenship by conferral under general eligibility must meet the residence requirement.

see Minister’s decision (s24). or sufficiently long-term as to be enduring. from a qualified medical practitioner. See: Residence requirement (s22. offences and former citizens are set out in the section on Minister’s Decision. SPEECH OR SIGHT IMPAIRMENT (S21(4)) Applicants must provide official evidence of age (such as a birth certificate or passport). or where if there is. PERMANENT OR ENDURING PHYSICAL OR MENTAL INCAPACITY (S21(3)) For applications received before 9 November 2009 for consideration under s21(3). or continue to reside.ACIs . national security. an incapacity must be either permanent. in Australia. PERSON AGED 60 OR OVER OR HAS A HEARING. speech or sight impairment. For applications received on or after 9 November 2009 for consideration under s21(3) applicants must produce evidence. of a permanent or enduring physical or mental incapacity that means the person is not capable of: understanding the nature of their application demonstrating a basic knowledge of the English language or demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time. for further information on the assessment of good character. Decision makers must also ensure there are no prohibitions on approval . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . A temporary physical or mental condition does not meet the requirement. or where a person has suffered a stroke. To qualify. The application (Forms 1300t and 1290) contain a declaration which refers to an intention to reside.Character. See Chapter 10 .Chapter 5 evidence of income tax payment in Australia and current bank accounts in Australia. or an applicant’s hearing.Evidence requirements. Good character The Act requires that applicants aged 18 years and over be of good character. This declaration would generally be sufficient evidence of the applicant’s intentions unless there is evidence to the contrary. presence in Australia. refer to the Act and the ACIs in place immediately before 9 November 2009. posttraumatic stress. or continuing intention to reside. it is too long-term and it would be unreasonable to expect the person to recover before becoming eligible for Australian citizenship. Other requirements which must be satisfied relating to identity. See permanent resident and Likely to reside. An enduring incapacity is one for which there cannot be a predicted recovery. or to maintain a close and continuing association with Australia. For policy and procedures relating to evidence requirements for applicants claiming permanent or enduring physical or mental incapacity.p 58 . see Attachment F to Chapter 5 . in Australia or to maintain a close and continuing association with Australia (s21(2)(g)). s22A & s22B) and Relevant defence service (s23). Examples include a person suffering from extreme long-term depression. for further information on the assessment of good character. See Chapter 10 Character.

Before deciding that an applicant is not required to attend an interview the following factors should be taken into consideration. However a decision maker may consider not asking an applicant aged 60 or over to attend an interview to demonstrate that they meet this requirement if they have signed and dated the application form. Where a decision is made that an applicant is not required to attend an interview care must be taken to ensure that applicants who are not able to take the Australian Citizenship Pledge in English are identified and appropriate interpreter ceremonies arranged. Where appropriate personal identifiers should be requested including photograph and signature. in the previous 20 years and there is no recorded contact with the Department. Other requirements which must be satisfied relating to identity. for example. Original documents should be sighted at interview. and presence in Australia. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . national security.p 59 . If the decision is made that an interview is not required this should be recorded in an ICSE note stating the reason why an interview was not conducted. see Attachment F to Chapter 5 .ACIs . careful consideration should be given to whether an interview is required: positive match on criminal records checks where the information held by the Department does not match the information provided by the applicant. for example they are not able to provide a document containing their photograph. Where one or more of the following factors apply to the applicant. Applicants aged 60 and over are required to understand the nature of the application they are making. presence in Australia. In these cases applicants should be asked to attend an interview and advised that their photograph may be taken at the time of interview.Character. for further information on the assessment of good character. See: Residence requirement (s22. Other requirements which must be satisfied include identity. s22A & s22B) and Relevant defence service (s23). offences and former citizens are set out in the section on Minister’s Decision. They should also be requested to re-sign their application form in front of the officer so the officer can personally collect this personal identifier those who are long term residents in Australia where there is no systems record. speech or sight impairments. no mention of a criminal history on application but a positive criminal history check received doubts about the integrity of identity documents provided declarant who completed proof of identity declaration provided information different to that contained in the form or was not able to demonstrate a good knowledge of the applicant raising doubts about identity a migration history that involves fraud movement records not located to show evidence of presence in Australia multiple aliases which are not documented and/or identity not verified.Evidence requirements. including no movement record. Applicants would usually be given the opportunity at an interview to demonstrate that they meet this legal requirement. national security. See Chapter 10 . An interview will assist in verifying identity and the requirement to be present in Australia. The following applicants should be invited to an interview: those who are not able to provide sufficient documentation to verify their identity.Chapter 5 For policy and procedures relating to evidence requirements for applicants claiming hearing.

they must have activated their permanent visa) at the time of application and at the time of decision to be eligible for Australian citizenship. Information for ICSE In cases where the child has been adopted by an Australian citizen/s. The discretion in s24(2) to refuse to approve an applicant becoming an Australian citizen despite being eligible under s21(5) would usually be exercised where the applicant does not meet the policy guidelines. Person aged under 18 (5) A person is eligible to become an Australian citizen if the Minister is satisfied that the person: (a) (b) is aged under 18 at the time the person made the application. the best interests of the child and the policy guidelines set out below. and is a permanent resident: (i) (ii) at the time the person made the application. a person under the age of 18 years applying for Australian citizenship by conferral under s21(5). This consideration only applies if the child is or would be less than 18 years of age at the time of decision on the application and the child is living in Australia.see Minister’s decision (s24).ACIs .p 60 . aged 16 or 17 years) must make an application on a form that contains no other application. In making a decision whether to refuse or approve an application. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .Chapter 5 PERSON AGED UNDER 18 YEARS (S21(5)) For applications received before 9 November 2009. Best interests of the child The best interests of the child are to be considered as one of the primary considerations when assessing the application. you will need to refer to the Act and ACIs in effect immediately before 9 November 2009. POLICY GUIDELINES APPLICANTS AGED 16 YEARS AND OVER AND UNDER THE AGE OF 18 Applicants aged 16 years and over and under the age of 18 (that is. and at the time of the Minister’s decision on the application. Consent of a responsible parent If an applicant is under 16 years of age a responsible parent must sign the application form. must be a permanent resident (that is. the primary considerations that need to be taken into account are the legislative requirements. ensure that the names of the child’s adoptive parents are entered on ICSE. Prohibitions on approval Decision makers must also ensure there are no prohibitions on approval . For applications received on or after 9 November 2009.

offences and former citizens are set out in Minister’s decision (s24). Applications from children aged 16 years and over do not need the consent of a responsible parent. see Wards of the Minister or are an unaccompanied humanitarian minor non-ward. Guidance on whether it may be reasonable to consider a particular set of circumstances as unusual can be obtained from National Office through the Citizenship Help Desk. national security.p 61 .Chapter 5 Applicants aged 16 years and over and under the age of 18 would usually be approved under s24 if they are permanent residents at the time of application and decision and also meet the following policy guidelines: satisfies the residence requirement the applicant need not meet the residence requirements if this would cause significant hardship or disadvantage. who is an Australian citizen and consents to the application or are under 16 years of age when applying. If an applicant is under 16 years of age a responsible parent must sign the application form. see Unaccompanied humanitarian minor (UHM) non-wards. who is not an Australian citizen and consents to the application. Other requirements which must be satisfied relating to identity. decision makers must consider the full circumstances of the case. national security. are living with a responsible parent. This is set out in s46(2A). including the best interest of the child.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . It is important that an applicant’s ability to understand and respond to questions is not hampered by the use of complex words or sentences. and the child would otherwise suffer significant hardship or disadvantage or are an unaccompanied humanitarian minor who is a ward of the Minister and the Minister’s delegate has consented to the application. In the case of an applicant who does not meet the policy guidelines above. Other requirements which must be satisfied relating to identity. Applicants between the ages of 16 and 18 should be given the opportunity at interview to demonstrate that they understand the nature of their application. or maintain a close and continuing association with Australia.Significant hardship and disadvantage for guidance understands the nature of an application possesses a basic knowledge of the English language has an adequate knowledge of the responsibilities and privileges of Australian citizenship at the time of decision is likely to reside or continue to reside. have an adequate knowledge of the responsibilities and privileges of citizenship. to determine whether the application nevertheless warrants approval because of the unusual nature of those circumstances. and living with a responsible parent. and that they possess a basic knowledge of the English language. and the responsible carer has consented to the application. See Attachment B . APPLICANTS UNDER THE AGE OF 16 A child aged less than 16 years can make an individual application in their own right (by applying on a form that contains no other application) or on the same form and at the same time as a responsible parent. Children under the age of 16 applying individually in their own right would usually be approved under s24 if they are permanent residents at the time of application and decision and also meet the following policy guidelines: are under 16 years of age when applying. offences and former citizens are set out in Minister’s decision (s24).

In the case of an applicant who does not meet the policy guidelines above. decision makers must consider the full circumstances of the case. offences and former citizens are set out in Minister’s decision (s24). WARDS OF THE MINISTER A ward of the Minister is a non-citizen minor as defined by the Immigration (Guardianship of Children) Act 1946 (IGOC Act) who enters Australia and: is. Note: Where a child under the age of 16 applies on the same form and at the same time as a responsible parent.ACIs . Wards of the Minister cannot be included in their carer’s citizenship application because the carer does not meet the definition of responsible parent. or intends to become.Chapter 5 In the case of an applicant who does not meet the policy guidelines above. including the best interests of the child. including the best interests of the child. decision makers must consider the full circumstances of the case. you must refer the application to the state/territory UHM coordinator. to determine whether the application nevertheless warrants approval because of the unusual nature of those circumstances. Guidance on whether it may be reasonable to consider a particular set of circumstances as unusual can be obtained from National Office through the Citizenship Help Desk. Children under the age of 16 applying on the same form and at the same time as a responsible parent would usually be approved under s24 if they are permanent residents at the time of application and decision and also meet the following policy guidelines: the child was living in Australia with the relevant responsible parent and the relevant responsible parent consented to the inclusion of the child in their application. You must inform the state/territory UHM coordinator of the outcome of a citizenship application lodged by a ward of the Minister. a permanent resident did not arrive in Australia in the care of a relative over the age of 21 years does not have a relative over the age of 21 years in Australia to care for them. with consent from the Minister’s delegate. or by the minor aged between 16 and 17. national security. to determine whether the application nevertheless warrants approval because of the unusual nature of those circumstances. Citizenship applications are generally lodged by the Minister’s delegate. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . The application can be processed only once consent has been given by the Minister or their delegate. and that parent is refused.p 62 . Guidance on whether it may be reasonable to consider a particular set of circumstances as unusual can be obtained from the Citizenship Help Desk. the child must be assessed against the policy guidelines for children under the age of 16 applying individually in their own right. The delegate is usually an officer from the relevant state/territory child welfare agency. National Office. Other requirements which must be satisfied relating to identity. If an application is received from a ward of the Minister which has not been signed by the Minister or their delegate. The circumstances would need to be very unusual to warrant approval of an application outside policy. The Minister is their guardian and only the Minister’s delegate for the purposes of the IGOC Act has the authority to apply for citizenship by conferral on behalf of the minor. Note: Decision makers must make a separate decision record for each applicant included on the application.

Section 17 was repealed on 4 April 2002. for further information on the assessment of good character. For example. Evidence may include. If an application is received from a UHM non-ward which has not been signed by the carer. the signed “Agreement to Undertake Care” form. for further information on the assessment of good character. you must refer the application to the state/territory UHM coordinator. a person born in Papua prior to 16 September 1975 was not born outside Australia because Papua was part of Australia for the purposes of the old Act until PNG Independence on 16 September 1975.p 63 . state or territory government documentation recognising the relationship. You must inform the state/territory UHM coordinator of the outcome of a citizenship application lodged by a UHM non-ward.Cessation of Australian citizenship for further details.Chapter 5 UNACCOMPANIED HUMANITARIAN MINOR (UHM) NON-WARDS All citizenship applications by UHM non-wards require the signed consent of their responsible carer. If an applicant is under 16 years of age a responsible parent must sign the application form. UHM non-wards cannot be included in their carer’s citizenship application as the carer does not meet the definition of ‘responsible parent’ under the Act. See also Chapter 10 . Coral Sea Islands and Heard & McDonald Islands.Historical provisions . See Chapter 8 Attachment A . Australian Capital Territory. a Medicare card listing the carer and UHM. a welfare benefits statement. This includes applications for non-wards aged 16 years or over. the Australian Antarctic Territory. See Chapter 15 . includes the external Territories. or any other official Commonwealth. state or territory government agency recognises that the carer has daily responsibility for the care and control of the UHM. Prior to 4 April 2002. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . an adult ceased to be an Australian citizen under s17 of the old Act if they were outside Australia and acquired the citizenship of another country as a result of a voluntary and formal act other than marriage. PERSON BORN TO FORMER AUSTRALIAN CITIZEN (S21(6)) The definition of “Australia” for the purposes of s21(6) is the definition of Australia at the time of the person’s birth. Ashmore & Cartier Islands. The application should be supported by evidence that a Commonwealth. offences and former citizens are set out in Minister’s decision (s24).Character. national security. includes the: states internal territories of the Northern Territory. This means that for the purposes of the Act “Australia”. The application can be processed only once consent has been given by the carer.Character. Cocos (Keeling) Islands and Christmas Island. for example. when used in a geographical sense. the Jervis Bay Territory and external territories including Norfolk Island. OTHER REQUIREMENTS Other requirements which must be satisfied relating to identity.ACIs . PERSON BORN IN PAPUA (S21(7)) Section 3 defines that Australia.People born in Papua New Guinea. See Chapter 10 .

person in Australia would suffer significant hardship or disadvantage (s22(6)) Ministerial discretion . should be assessed against the requirements of the special residence requirements .ACIs .administrative error (s22(4A) & (5)) Ministerial discretion . offences and former citizens are set out in Minister’s decision (s24).spouse. National Office by contacting the Citizenship Help Desk. GENERAL RESIDENCE REQUIREMENT (S22) Section 22 sets out the general residence requirement.Chapter 5 Other requirements which must be satisfied relating to identity.Persons engaging in activities that are of benefit to Australia (s22A) Confinement in prison or psychiatric institution (s22A(2) & (3)) Ministerial discretion .see: Special residence requirement .person born in Australia or former Australian citizen (s22(2)) Ministerial discretion .Persons engaging in activities that are of benefit to Australia (s22A) or Special residence requirement .person in an interdependent relationship (s22(11)) Applications made but not decided before 1 July 2007 Activities beneficial to the interests of Australia (for applications lodged prior to 1 July 2007) Special residence requirement . S22A & S22B) This part comprises: General residence requirement (s22) Overseas absences (s22(1A) & (1B)) People who were permanent residents immediately prior to 1 July 2007 Confinement in prison or psychiatric institution and Ministerial discretion (s22(1C) & (5A)) Partial exemption .Persons engaged in particular kinds of work requiring regular travel outside Australia (s22B).Administrative error (s22B(4) & (5)) Business Skills visa holders. de facto partner or surviving spouse or de facto partner of an Australian citizen (s22(9) & (10)) Ministerial discretion . Other requirements which must be satisfied relating to identity and national security are set out in the section on Minister’s decision (s24). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . RESIDENCE REQUIREMENT (S22. some applicants who need to travel regularly outside of Australia because of their professions.Administrative error (s22A(4) & (5)) Special residence requirement . Applications which are considered to meet the requirements of this section must be referred to Citizenship Operations Section. For applications received on or after 21 September 2009.Persons engaged in particular kinds of work requiring regular travel outside Australia (s22B) Confinement in prison or psychiatric institution (s22B(2) & (3)) Ministerial discretion . STATELESSNESS (S21(8)) No further guidance on s21(8) is necessary.p 64 . and cannot meet the general residence requirement. national security.

Example Ms Jones first entered Australia on 01/01/2007. Section 22(1B) allows a person to be absent for up to 90 days within the 12 months permanent residence immediately before applying providing they remain a permanent resident during this time. A period of time cannot be counted as an absence from Australia unless the person has already been present in Australia. they cannot meet the general residence requirement. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . This means that despite the Department’s records showing periods of unlawfulness prior to the granting of a BVE. unless they became unlawful because of administrative error . applicants were allowed 3 months absence during the 12 month permanent residence period. This means they will need to have spent 4 years in Australia since last ceasing to be an unlawful noncitizen before meeting the general residence requirement.administrative error (s22(4A) & (5)). However.p 65 . Unlawful non-citizen A person’s presence in Australia is determined to be lawful in accordance with the Migration Act. All periods of lawful residence in Australia. including the last 12 months as a permanent resident. such as temporary visas. but not all. even if they spend 3 years continuously in Australia. SREY-affected cases will have a client of interest note. Calculation of the 4-year lawful residence period when a person has been absent from Australia on the day 4 years immediately before applying If a person’s first arrival in Australia is less than 4 years before they apply for citizenship. Decision makers must be mindful of SREY-affected cases. This means that a person does not meet the residence requirement if they have 3 years continuous presence in Australia (with the last 12 months as a permanent resident) unless they were previously in Australia. She has not left Australia since her first arrival. Before 15 March 2009. Where a client of interest note exists in ICSE indicating the person is SREY-affected. student visas. Most. the person may show as a BVE holder but due to a past notification error. if the person has not made their first entry into Australia.ACIs . are taken into account when calculating the four year lawful residence period. and became a PR on 01/01/2009. The start date of the 4-year lawful residence period is usually the date 4 years immediately before they lodge their application. a person cannot meet the general residence requirement if they have been an unlawful non-citizen at any time during the 4-year period immediately before applying for citizenship. contact a Notification Contact Officer (NCO) in your office for assistance (a list of all NCOs is available on TRIM at PCD2009/3758).Chapter 5 To meet the general residence requirement (s22) a person is required to have been lawfully present in Australia for a period of four years immediately prior to making their application. Under s22(1)(b). they need to wait at least 4 years after their first entry to meet this requirement.see Ministerial discretion . Further information on whether a person might be SREY-affected can be found in PAM3: Act . visitor visas. all classes of bridging visas etc. OVERSEAS ABSENCES (S22(1A) & (1B)) Section 22(1A) allows for absences from Australia of up to 12 months within the 4 years immediately before applying for citizenship. An unlawful non-citizen is a person who is not an Australian citizen and is present in Australia without a valid visa. A person is lawful if they hold a visa that is in effect. such applicants may be taken not to have been unlawful for that period. they may in fact still hold a BVA. Ms Jones does not meet the 4-year lawful period until 01/01/2011. In these cases.Notification .Notification requirements.

Because Mr Holt was absent from Australia on the day 4 years immediately before applying. his period of lawful residence starts on the day 4 years immediately before applying (that is. and are not relevant to those New Zealand citizens who became permanent residents before 1 July 2007 and who apply for citizenship by conferral before 1 July 2010. Mr Smith’s 4-year lawful period starts on 01/01/2005 (4 years before applying) because although he was outside Australia on this date. If these conditions are met. He remains in Australia. counting the period 1/7/2006 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . For the purposes of the residence calculator. providing that on that day they held a visa which was in effect on that day (a visa granted in Australia is in effect from the day of grant. He departed Australia on 1/1/2003 and returned on 1/1/2007 on a 444 visa. and the person therefore does not hold a visa while outside Australia.Chapter 5 Where a person was outside Australia on the day 4 years immediately before applying.31/12/2002 on a 444 visa. the subclass 444 visa ceases immediately a person leaves Australia. he was previously in Australia and was still the holder s/c 457 visa. Example Mr Holt is a New Zealand citizen who was in Australia continuously from 1/1/2000 . Refer to the relevant procedural documents for further information on using the residence calculator. may count the 4 years before lodging their application towards the general residence requirement.30/12/2006 as a period of absence from Australia within this period. When using the residence calculator in such situations. they may still use the day 4-years immediately before applying as a start date (for the purposes of being eligible to satisfy the 4 year lawful requirement). On 1/7/2010 he applied for citizenship by conferral. decision-makers must enter the date of first arrival (in this case 1/1/2000) as the lawful residence date. New Zealand citizens Specific policy guidelines apply to New Zealanders to ensure they are not disadvantaged by virtue of the unique status they hold under the Migration Act. then the person may use the full 4 year period immediately before applying towards meeting the general residence requirement. the lawful residence date will be the date that the ‘in effect visa’ that was held ‘on the day 4 years immediately prior to the day of application’ came into effect. but had previously been in Australia. but had previously entered Australia on a subclass 444 visa at any time within 8 years before lodging their application. He would therefore meet the 4-year lawful period. a visa granted offshore comes into effect when the person enters Australia on that visa). Unlike most other visas. becomes a permanent resident on 01/01/2008 and applies for citizenship on 01/01/2009. and reenters on 01/01/2006 on the same subclass 457 visa. and then enter any dates of departure and arrival as required. on 1/7/2006). These apply only to the calculation of the 4-year lawful residence period. Example Mr Smith entered Australia on 01/01/2004 on a subclass 457 visa. New Zealand citizens who were outside Australia 4 years immediately before applying for citizenship.p 66 .ACIs . but had previously been in Australia within 8 years immediately before applying. He departs a week later.

Absences from Australia in that period of no more than three months are allowed (s22(1B) refers). the decision maker is satisfied that it would be unreasonable not to take those periods into account towards the residence requirement. s22(5A) provides that s22(1C) does not apply in relation to a person if. PARTIAL EXEMPTION .PERSON BORN IN AUSTRALIA OR FORMER AUSTRALIAN CITIZEN (S22(2)) Under s22(2). taking into account the circumstances that resulted in the person’s confinement.Chapter 5 People working on ships or aircraft . This discretion is not available for applicants who became permanent residents before 1 July 2007 and apply for citizenship prior to 1 July 2010. However. Under s80 of the Migration Act. Under s24(7) a former citizen cannot be approved for Australian citizenship by conferral unless more than 12 months have passed from the date upon which the person ceased. See Chapter 7 . or last ceased. that is. a free and absolute pardon granted because the person was wrongly convicted. applicants who were born in Australia or are former Australian citizens need only have been present in Australia as a permanent resident for 12 months immediately before the application. as defined in s3. such a person is taken not to be present in Australia for the purposes of meeting the residence requirement during periods when their vessel is outside Australia.Resuming citizenship. Circumstances that may be taken into account could include: convictions quashed (set aside by the court) a pardon. if a person has been confined in a prison or in a psychiatric institution in relation to a criminal offence at any time. the residence requirements of the old Act (one in two years and two in five years) apply to people who became permanent residents before the commencement of the Act. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . that person will need to spend four years in Australia since last being released from that confinement before being residentially eligible for citizenship.p 67 . People working as members of a crew of a ship or an aircraft should be assessed against the special residence requirement . Some former Australian citizens may also be eligible to apply for resumption of Australian citizenship. provided they apply for citizenship before 1 July 2010. CONFINEMENT IN PRISON OR PSYCHIATRIC INSTITUTION AND MINISTERIAL DISCRETION (S22(1C) & (5A)) Under s22(1C).persons engaged in particular kinds of work requiring regular travel outside Australia (s22B). certain non-citizens on ships or aircrafts. Periods confined in a prison or a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law cannot be counted towards the residence requirement of two in five and one in two years before the application. However. to be an Australian citizen.ACIs . PEOPLE WHO WERE PERMANENT RESIDENTS IMMEDIATELY PRIOR TO 1 JULY 2007 Schedule 3 (Application and transitional provisions) of the Transitional Act provides that in the absence of any other relevant provisions. may be taken not to have left the ‘migration zone’.presence in Australia is not determined by the Migration Act A person is present in Australia if they are physically present in Australia.

While each case will need to be assessed on its own merits. was not a permanent resident during that period. All reasonable efforts should be made by the decision maker to verify the applicant's claims. The discretion can only be exercised on condition that the legal status is absent ‘.ACIs . Advice can be sought from the Citizenship Help Desk. may treat a period as one in which the person was present in Australia as a permanent resident if the Minister considers the person was present in Australia during that period but.ADMINISTRATIVE ERROR (S22(4A) & (5)) Under s22(4A) and (5) the Minister has a discretion to count for the purposes of s22(1)(b) and (c) (respectively) periods spent in Australia during which the necessary legal status was absent.p 68 . MINISTERIAL DISCRETION . the onus is on the applicant to provide evidence that an administrative error has indeed occurred. the error is the cause)... Most cases of administrative error will require examination of client records relating to the relevant visa.in these circumstances the equivalent provisions under s5B of Schedule 3 of the Transitional Act apply instead). other than permanent residence..PERSON IN AUSTRALIA WOULD SUFFER SIGNIFICANT HARDSHIP OR DISADVANTAGE (S22(6)) Under s22(6) periods of lawful residence. Under s22(5) the Minister ‘. The Department may on its own initiative take action where the Department can identify a clear case of administrative error and apply this discretion on the applicant's behalf. A delay in processing an application does not constitute an administrative error in itself. because of an administrative error’. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . Where an adverse decision on an application is subject to merits or administrative review and the decision is subsequently overturned. Under s22(4A) the Minister ‘… may treat a period as one in which the person was not present in Australia as an unlawful non-citizen if the Minister considers the person was present in Australia during that period but. was an unlawful non-citizen during that period’. Decision makers must be satisfied that an administrative error has in fact occurred. providing that the section also applies to applicants who are permanent residents on commencement of the Act.Chapter 5 MINISTERIAL DISCRETION . can be treated as periods of permanent residence if the applicant can demonstrate that they would suffer significant hardship or disadvantage if those periods were not treated a periods of permanent residence. an error of a particular kind) and the error must be the reason why the person lacks the necessary legal status (in other words. This section makes explicit reference to s22(1)(c) of the Act. National Office. Section 5B of the Transitional Act was amended with retrospective effect from 1 July 2007.. this is still considered within the normal parameters of an application process and does not constitute an administrative error. because of an administrative error. provided certain requirements are met (although the specific sections do not apply to people who were permanent residents immediately before 1 July 2007 . namely: there must be an administrative error (in other words. specific examples include the following: the applicant may have been granted a permanent visa but the decision maker accidentally recorded the grant of a temporary visa in ICSE the applicant was advised by the Department that they were a lawful non-citizen when in fact they were unlawful the applicant had been entitled to a permanent visa but made an application for a temporary visa as a result of incorrect advice from an officer of the Department. In broad terms it will extend to administrative mistakes and circumstances in which incorrect information is provided. In order for this discretion to be applied. The concept of ‘administrative error’ embraces a range of administrative actions. because of an administrative error. The condition can be divided into 2 parts.

Such a person would not be expected to show further evidence of hardship or disadvantage for this discretion to be exercised.SPOUSE. The discretion would normally only be used to make up the other one year permanent residence required for the two in five year requirement. it is considered that such a person would suffer significant disadvantage compared with other applicants for citizenship by conferral if they were required to spend a further period of time as a permanent resident to satisfy the residence requirement. Guidance on what would constitute significant hardship or disadvantage. and the applicant was a permanent resident and the applicant had a close and continuing association with Australia (see below). as was the case previously. including one in two years. If the applicant is the surviving spouse or de facto partner of an Australian citizen. the same-sex de facto partner of an Australian citizen who is seeking a residence discretion should be assessed against the criteria at 22(9) of the Act. This discretion is only available for periods spend lawfully in Australia. periods spent overseas by a permanent resident who is the spouse. they can only count time while their Australian citizen spouse or de facto partner was alive. MINISTERIAL DISCRETION . That is. Factors that may contribute to a close and continuing association with Australia include: Australian citizen children length of relationship with Australian citizen spouse or de facto partner extended family in Australia return visits to Australia Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . Under s22(9).p 69 . including policy which applied immediately prior to the commencement of the Act. Consistent with the old policy. de facto partner or surviving spouse or de facto partner of an Australian citizen at the time of making an application. Use of this discretion may be appropriate for persons who have become permanent residents of Norfolk Island. and not 22(11). this discretion would normally be exercised only if the applicant has 12 months continuous permanent residence in Australia prior to the date of application. Where an applicant satisfies all the requirements under s21 except the residence requirements.Chapter 5 People who became permanent residents before commencement of the Act (1 July 2007) and who applied for citizenship prior to 1 July 2010. are also subject to the policy that applied immediately prior to commencement of the Act. Policy is that this discretion would usually only be exercised if the applicant was overseas with their Australian citizen spouse or de facto partner. can be counted as periods of permanent residence in Australia. but has spent the appropriate periods in Norfolk Island as a temporary resident prior to being granted permanent residence of Norfolk Island. DE FACTO PARTNER OR SURVIVING SPOUSE OR DE FACTO PARTNER OF AN AUSTRALIAN CITIZEN (S22(9) & (10)) From 15 March 2009. The discretion to treat periods spent overseas by an applicant as periods during which the applicant was present in Australia as a permanent resident can only be applied to periods when: the applicant was the spouse or de facto partner of a person who was an Australian citizen. is at Attachment B .ACIs . use of this provision would be appropriate.Significant hardship and disadvantage. Norfolk Island has its own migration legislation (the Norfolk Island Immigration Act 1980) which requires that a person must have been ordinarily resident in Norfolk Island for five years in the past seven years to be eligible for permanent residence. As such. a person who is a permanent resident before commencement of the Act is required to meet the old residence requirements of two in five years.

provided the applicant meets the legislative and policy criteria as outlined above. more weight should be given if they have been lawfully and physically present in Australia for at least 365 days in the 4 years immediately before making an application for Australian citizenship (including at least 90 days as a permanent resident).Chapter 5 periods of residence in Australia intention to reside in Australia employment in Australia (eg public or private sector) ownership of property in Australia evidence of income tax payment in Australia and current bank accounts in Australia. de facto partner. Where the applicant is the spouse. The same-sex de facto partner of an Australian citizen is now able to access the discretion at s22(9) of the Act. Under s22(11) periods spent overseas by a permanent resident who was granted their permanent visa because they were in an interdependent relationship with an Australian citizen and is still in that interdependent relationship at the time of making the application.ACIs . Factors that may contribute to a close and continuing association with Australia include: Australian citizen children length of relationship with Australian citizen interdependent partner extended family in Australia return visits to Australia periods of residence in Australia intention to reside in Australia employment in Australia (for example. the discretion at s22(11) applies only to people who are in an interdependent relationship other than a same-sex de facto relationship. In assessing whether a person has a close and continuing association with Australia for the purposes of paragraph 22(9)(d). MINISTERIAL DISCRETION . can be counted as periods of permanent residence in Australia. public or private sector) ownership of property in Australia evidence of income tax payment in Australia and current bank accounts in Australia.p 70 . this discretion may be applied to avoid a refusal under s24(5) of the Act. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . It may be applied even though the discretion may not be required for the purposes of meeting the residence requirement.PERSON IN AN INTERDEPENDENT RELATIONSHIP (S22(11)) From 15 March 2009. Less weight should be given if they have not been present in Australian for at least this period. Policy is that this discretion would usually only be exercised if the applicant was overseas with their Australian citizen interdependent partner. or surviving spouse or de facto partner of an Australian citizen and they are overseas at the time of decision. The discretion to treat periods spent overseas by the applicant as periods during which the person was present in Australia as a permanent resident can only be applied to periods when: the applicant was a permanent resident and the applicant was still in the same interdependent relationship with the Australian citizen and the applicant had a close and continuing association with Australia (see below).

This discretion applies to both residence requirements (that is. artists and entertainers of world standing). whether commercial or otherwise. ACTIVITIES BENEFICIAL TO THE INTERESTS OF AUSTRALIA (FOR APPLICATIONS LODGED PRIOR TO 1 JULY 2007) For applications lodged prior to 1 July 2007. consider the following: It requires “something in the nature of activities providing some advantage to Australia. both “2 years in the last 5” and “1 year in the last 2”).” (Federal Court in Roberts. whether for an extended period or on a regular short-term basis or engaged overseas in activities of a social. semi-government authority or private employer or self-employed and frequent travel abroad was essential to the successful operation of their business. This section requires some objective benefit to Australia. cultural.p 71 . this discretion may be applied to avoid a refusal under s24(5) of the Act.ACIs . economic or political nature which are clearly beneficial to the interests of Australia and are widely recognised as such either by: the Australian community generally or prominent persons associated with the applicant’s field of endeavour (for example. Applications on hand as at 15 March 2009 involving requests for residence discretions under s22(9) or s22(11) The amendments to the Act allowing the same-sex de facto partner of an Australia citizen to access the discretion at s22(9) apply to all undecided applications from 15 March 2009. not just a one-off transaction and the activities must also be during the relevant period/s under consideration and the activities must have been Activities beneficial to the interests of Australia (for applications lodged prior to 1 July 2007) during the relevant period/s. in assessing whether activities are ‘beneficial to the interests of Australia’. As a matter of policy: the applicant must have been personally engaged in activities overseas beneficial to the interests of Australia.Chapter 5 Where the applicant is the interdependent partner of an Australian citizen and they are overseas at the time of decision. persons engaged in aid programs.) Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . APPLICATIONS MADE BUT NOT DECIDED BEFORE 1 JULY 2007 In relation to applications made and not decided before 1 July 2007. the company or organisation for which the applicant worked and the applicant must have been engaged in a series of activities. It is not intended that the provision apply where there are no current benefits irrespective of whether benefits may accrue in the future. The concept necessarily connotes some public interest of Australia … and means more than the private interests of the (applicant). provided the applicant meets the legislative and policy criteria as outlined above. Schedule 3 of the Transitional Act provides that periods during which the applicant was a permanent resident and was outside Australia engaged in activities beneficial to the interests of Australia may be treated as periods in which the applicant was present in Australia as a permanent resident. It may be applied even though the discretion may not be required for the purposes of meeting the residence requirement. Policy also states that the discretion will usually only be exercised if the applicant is in Australia and was either: required to work overseas by a Federal. not just. for example. state or territory Department.

A person only meets this special residence discretion if they are required to be an Australian citizen in order to engage in the relevant activity (s22A(1)(a)(iii)). with at least 90 days of this being during the last 12 months immediately before applying not present in Australia as an unlawful non-citizen. that is. Ordinarily resident is defined in s3 of the Act. (For example.Chapter 5 It requires “something in the nature of activities which achieve recognition of Australia or Australian achievements or commercial advantage for Australia.” (AAT in Fraser. See also Chapter 1 .) “the claim that the applicant’s employer has enhanced the reputation of its Australian parent company and Australian companies in general. AAT in McCarthy.) “There should be a close nexus between the overseas activities and the subsequent benefit to Australia to exercise the discretion.” (AAT in McCarthy. If a person is seeking to engage in an activity that is not listed in s22C(1).p 72 .Preliminary and definitions.ADMINISTRATIVE ERROR (S22A(4) & (5)) Under s22A(4). CONFINEMENT IN PRISON OR PSYCHIATRIC INSTITUTION (S22A(2) & (3)) Under s22A(2).ACIs . falls short of demonstrating the applicant’s activities were beneficial to the interests of Australia. a person must also have been: ordinarily resident in Australia a permanent resident of Australia present in Australia for at least 180 days in total. indirect or speculative. that person will need to spend 2 years in Australia since last being released from that confinement before being residentially eligible for citizenship. These requirements would normally be confirmed in their letter of support from the relevant organisation.PERSONS ENGAGING IN ACTIVITIES THAT ARE OF BENEFIT TO AUSTRALIA (S22A) A person meets the special residence requirement (persons engaging in activities that are of benefit to Australia) if they are seeking to engage in an activities specified in the Minister’s instrument under s22C(1) and have the support of an organisation specified in the Minister’s instrument under s22C(2). taking into account the circumstances that resulted in the person’s confinement. To meet this special residence requirement. the decision maker is satisfied that it would be unreasonable not to take those periods into account towards the residence requirement. remote. or does not have the support of an organisation that is listed in the instrument. a free and absolute pardon granted because the person was wrongly convicted. they do not meet the special residence requirement. or increase the international respect and goodwill for Australia … (it) refers to the public interests of Australia. periods spent in Australia during which a person was not a permanent resident as a result of administrative error may be treated as periods of permanent residence.) The benefit should be largely as a result of the applicant’s activities and must not be residual. during the 2 year period immediately before they submitted their application. and there is insufficient time for them to meet the general residence requirement before they can engage in the activity (s22A(1)(a)(iv)). However. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . if a person has been confined in a prison or in a psychiatric institution in relation to a criminal offence at any time. Circumstances that may be taken into account could include: convictions quashed (set aside by the court) a pardon.” (AAT in Tsui. MINISTERIAL DISCRETION .) SPECIAL RESIDENCE REQUIREMENT . s22A(3) provides that s22A(2) does not apply in relation to a person if.

Administrative error does not occur when a decision is overturned as a result of merits review. they do not meet this special residence requirement. grant of a temporary visa to a permanent visa holder. with at least 120 days of this being during the last 12 months immediately before applying not have been present in Australia as an unlawful non-citizen. Decision makers must be satisfied that an administrative error has in fact occurred. with the last 12 months as a permanent resident of Australia present in Australia for at least 480 days in total. SPECIAL RESIDENCE REQUIREMENT . Examples of administrative errors include unlawful cancellation of a visa. a free and absolute pardon granted because the person was wrongly convicted.p 73 . Note: The spouse and de facto partner ministerial discretion (s22(9)) cannot be used towards the special residence requirements. To meet this special residence requirement. Under s22B(5). MINISTERIAL DISCRETION . CONFINEMENT IN PRISON OR PSYCHIATRIC INSTITUTION (S22B(2) & (3)) Under s22B(2). if a person has been confined in a prison or in a psychiatric institution in relation to a criminal offence at any time. s22B(3) provides that s22B(2) does not apply in relation to a person if. periods spent in Australia as an unlawful non-citizen because of an administrative error can be treated as periods of lawful residence. a person must also have been: engaged for at least 2 years in that kind or work ordinarily resident in Australia. that is. However. periods spent in Australia during which a person was not a permanent resident as a result of administrative error may be treated as periods of permanent residence. periods spent in Australia as an unlawful non-citizen because of an administrative error can be treated as periods of lawful residence. during the 4 year period immediately before they submitted their application. Advice can be sought from the Citizenship Help Desk.Chapter 5 Under s22A(5). Circumstances that may be taken into account could include: convictions quashed (set aside by a court) a pardon. If a person is engaged in work which is not of a kind specified in the Minister’s Instrument under s22C(3). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .ACIs . and double processing of a visa application. taking into account the circumstances that resulted in the person’s confinement. the decision maker is satisfied that it would be unreasonable not to take those periods into account towards the residence requirement. that person will need to spend at least 480 days in Australia during the period of 4 years in Australia since last being released from that confinement before being residentially eligible for citizenship.ADMINISTRATIVE ERROR (S22B(4) & (5)) Under s22B(4).PERSONS ENGAGED IN PARTICULAR KINDS OF WORK REQUIRING REGULAR TRAVEL OUTSIDE AUSTRALIA (S22B) A person is eligible for the special residence requirement (persons engaged in particular kinds of work requiring regular travel outside Australia) if they are engaged in work of a kind specified in the Minster’s Instrument under s22C(3).

the permanent forces or the reserve forces of the Commonwealth is not “relevant defence service” and does not count unless that person is a permanent resident of Australia.au RELEVANT DEFENCE SERVICE (S23) Schedule 3 of the Transitional Act provides ‘Defence service’ includes service in: the permanent forces of the Commonwealth because of a notice under s26 of the National Service Act 1951 as in force at any time before 26 November 1964 and the Naval Reserve. or on duty with. If a person lodges a citizenship application and there is no information in ICSE suggesting that the BSMU has concerns about the client’s capacity to fulfil the condition of their visa. the Army Reserve or Air Force Reserve or in any reserve force that is a predecessor (whether immediate or otherwise) of the Naval Reserve. Note . The Business Skills Monitoring Unit (BSMU) in Perth Office carries out the monitoring at 24 months or 36 months for the 131 investment-linked visa. If there is information in ICSE indicating that the applicant’s visa may be cancelled. Advice can be sought from the Citizenship Help Desk. Service as an Air Force Cadet is not “relevant defence service” as cadets are not members of the permanent forces.ACIs . not part-day attendance. grant of a temporary visa to a permanent visa holder. periods amounting in aggregate to 6 months’ service is the equivalent of 130 reserve force attendance days (that is.p 74 . then the approval can be cancelled under s25(2)(b)(i). The service must have been undertaken by the applicant. and double processing of a visa application.The spouse and de facto partner ministerial discretion (s22(9)) cannot be used towards the special residence requirements. The 130 days should comprise full day attendance. Decision makers may contact Perth BSMU in regard to the current visa status of a client by email to wa. the citizenship officer must advise Perth BSMU that an application for citizenship has been made. 26 weeks x 5 days = 130 days). Decision makers must be satisfied that an administrative error has in fact occurred. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . If BSMU has concerns about a person’s capacity to meet the conditions of their visa. For the purpose of calculating periods of service in the reserve forces. this information should be clearly stated in ICSE. If the applicant has been approved and their visa is subsequently cancelled. their visa and those of their family unit may be cancelled. Administrative error does not occur when a decision is overturned as a result of merits review. BUSINESS SKILLS VISA HOLDERS Business Skills visa holders who were granted a subclass 127-132 visa are subject to monitoring for three years after their initial arrival in Australia or after grant date if granted onshore. The BSMU is responsible for entering in and removing from ICSE all information about a client relevant to this monitoring. Unless the visa is cancelled. Service by a member of the forces of another country seconded to.Chapter 5 Examples of administrative errors include unlawful cancellation of a visa. the citizenship application can be approved. the Army Reserve or Air Force Reserve.bss@immi. provided the applicant meets all other requirements. If they fail to obtain a substantial ownership in an eligible business. the application should continue to be processed in the normal way.gov.

ACIs - Chapter 5

APPLICATION REQUIREMENTS
This part comprises: Application requirements (s46) Information and documents to accompany applications (reg 12) Fees to accompany applications (reg 12A).

APPLICATION REQUIREMENTS (S46)
Under s46, applications must be: on the form approved by the Minister contain the information required by the form accompanied by any other information prescribed by the regulations and accompanied by a fee (if any) prescribed by the regulations - see Fees to accompany applications (reg 12A). The approved form for applications for citizenship under s21(2) General eligibility is 1300t. The approved form for applicants applying for citizenship under s21(3), (4), (5), (6), and (7) is 1290. If an applicant is under 16 years of age a responsible parent must sign the application form. Responsible parent is defined in s6, see Chapter 1 - Preliminary and definitions. The application must be made in the current legal name of the applicant. If the applicant is applying on Form 1300t, the following documents should support the application an endorsed passport size photograph. If the applicant is applying on form 1290, the following documents should support the application: an endorsed passport size photograph a full birth certificate of the applicant or its equivalent passport held, if any other identification documents which include a signature, photograph and current address (for example, driving licence and credit card/utilities bill) official evidence of any name change. Applicants who have spent more than 12 months outside Australia since becoming a permanent resident, and the time spent in any one country was a continuos period of more than 90 days, need to provide overseas penal certificates from the countries (other than Australia) in which they lived since being granted a permanent visa. Overseas penal certificates are not required for periods spent overseas under the age of 18 years. Applications made on behalf of, or including, a child under 16 years of age, need to be supported by: an endorsed passport size photograph of the child the child’s passport the child’s full birth certificate, showing details of parents identification documents for the responsible parent which include a signature, photograph and current address (for example, passport bio page, driving licence and credit card/utilities bill) any orders related to the custody or parental responsibility of the child

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

1 January 2011 Chapter 5 - p 75

ACIs - Chapter 5

if the child was adopted overseas, or in Australia but did not acquire Australian citizenship as a result of that adoption, the original adoption order, recognition or verification of the overseas adoption order or confirmation that the adoption has taken place under Australian law must be provided and official evidence of any name change. British subjects who arrived in Australia before 1 January 1975 and do not have evidence of entry to Australia, will also need to provide evidence of residence in Australia before that date. For example, employment, taxation or school records. New Zealand citizens who do not hold a permanent visa will also need to provide a certificate issued by Centrelink prior to 26 February 2004 stating that they were residing in Australia on a particular date. If this certificate is not available decision makers should check Department systems to establish whether the applicant was present in Australia on 26 February 2001 on a Special Category visa or if outside Australia on that date, had spent a period or periods totalling 12 months in Australia on a Special Category visa in the two years before that date. For further information on New Zealand citizens, see Chapter 14 - New Zealand citizens in Australia. Applicants born to a former Australian citizen who ceased to be an Australian citizen under s17 of the old Act will also need to provide: evidence that a parent was an Australian citizen before their birth. For example a full birth certificate if the parent was born in Australia and evidence that the Australian citizen parent lost their Australian citizenship under s17 of the old Act before their birth. For example, a citizenship certificate of another country, or statement from the authorities of the other country stating how and when the parent acquired the citizenship of that country. Applicants born in Papua to a parent who was born in Australia as we now know it will also need to provide their parent’s full birth certificate. Applicants seeking exercise of the residence requirement ministerial discretion under s22(5A) in respect of periods of confinement in a prison or a psychiatric institution will also need to provide a statement giving reasons as to why it would be unreasonable not to take those periods into account. Applicants seeking exercise of the residence requirement ministerial discretion under s22(6) as a person who would suffer significant hardship or disadvantage will also need to provide a supporting statement concerning the significant hardship or disadvantage that would be suffered by the applicant if the discretion was not exercised and they could not become an Australian citizen. Applicants seeking exercise of the residence requirement ministerial discretion under s22(9) as the spouse, de facto partner or surviving spouse or de factor partner of an Australian citizen will also need to provide: evidence of their spouse’s, or de facto partner’s, Australian citizenship. For example, a full Australian birth certificate or citizenship certificate their marriage certificate or, if a de facto partner, evidence of their de facto relationship. The definition of ‘de facto partner’ provided in the Acts Interpretation Act 1901 (the AIA) lists circumstances that can be taken into account when determining whether two people are in a de facto relationship. These include: the duration of the relationship the nature and extent of their common residence whether a sexual relationship exists the degree of financial dependence or interdependence, and any arrangements for financial support, between them the ownership, use and acquisition of their property the degree of mutual commitment to a shared life the care and support of children the reputation and public aspects of the relationship.
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evidence that they were overseas with their Australian citizen spouse or de facto partner, and they maintained a close and continuing association with Australia during that period evidence of their spouse’s, or de facto partner’s, death, if applicable. Applicants seeking exercise of the residence requirement ministerial discretion as a person in an interdependent relationship with an Australian citizen will also need to provide: evidence of their interdependent partner’s Australian citizenship. For example, a full Australian birth certificate or citizenship certificate evidence that they were overseas with their Australian citizen interdependent partner and that during that time they maintained a close and continuing association with Australia during that period. Applicants claiming that they have completed relevant defence service must also provide evidence which clearly outlines the service completed, or medical discharge papers if applicable.

INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATIONS (REG 12)
Under reg 12, information or documents not in English must be accompanied by an official translation. In Australia, translations should be done by National Accreditation Authority of Translators and Interpreters (NAATI) accredited translators. For overseas lodged applications the current guidelines for translations in that post apply.

FEES TO ACCOMPANY APPLICATIONS (REG 12A)
This part comprises: Reduced fee payable where previous application was refused solely on grounds of not meeting residence requirements Nil fees - refused solely on grounds of not meeting residence requirements Nil fees - other situations Refund of fees (reg 13) British and Maltese former child migrants. Under reg 12A, an application on the form 1300t for Australian citizenship by conferral must be accompanied by the fee mentioned in: item 14A of Schedule 3 unless the applicant is eligible for a fee concession or exemption item 14 of Schedule 3 if the applicant is the holder of certain Centrelink or Department of Veterans’ Affairs pensioner concession cards - see Attachment D - Concession fee for certain Centrelink or DVA pensions. Under reg 12A, an application on the form 1290 for Australian citizenship by conferral must be accompanied by the fee mentioned in: item 15 of Schedule 3 unless the applicant is eligible for a fee concession or exemption items 9, 10 11, 12 or 13 if the applicant is the holder of certain Centrelink or Department of Veterans’ Affairs pensioner concession cards - see Attachment D - Concession fee for certain Centrelink or DVA pensions.

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Reduced fee payable where previous application was refused solely on grounds of not meeting residence requirements
A fee of $130 (which is the test component of the of the application fee for general eligibility applicants) must accompany applications on form 1300t where applicants have previously made an application for Australian citizenship but were refused solely on the grounds of not meeting the residence grounds and applies within 3 months of being able to satisfy the residence requirement. This includes applicants who: made an application before 1 October 2007 under the old Act or the new Act and was refused solely on not meeting the residence grounds (either in the old Act or the new Act or the Transitional Act) and who paid $130 for their previous application or paid $20 because they were the holder of certain Centrelink or Department of Veterans’ Affairs pension holders and they are no longer the holder of that pension. A fee of $20 (which is the test component of the concession application fee for general eligibility applicants) must accompany applications on form 1300t where applicants have previously made an application for Australian citizenship but were refused solely on the grounds of not meeting the residence grounds and applies within 3 months of being able to satisfy the residence requirement. This includes: applicants who made an application before 1 October 2007 under the old Act or the new Act and were refused solely on not meeting the residence requirements (either in the old Act or the new Act or the Transitional Act) and who paid $20 for their previous application or paid $130 because they were not the holder of certain Centrelink or Department of Veterans’ Affairs pension holders and they now are the holder a pension.

Nil fees - refused solely on grounds of not meeting residence requirements
Nil fee is payable where a person makes an application on form 1300t and had previously made an application for Australian citizenship on or after 1 October 2007 but was refused solely on the grounds of not meeting the residence requirements and applies within 3 months of being able to satisfy the residence requirement.

Nil fees - other situations
Nil fee is payable by applicants who: are under 16 years of age and included in the application of a responsible parent have completed three or more months of service in the permanent forces of the Commonwealth or, prior to 26 November 1964, three or more months of national service under the National Service Act 1951 are British and Maltese former child migrants who entered Australia between 22 September 1947 and 31 December 1967 inclusive, and were wards of the Minister under the Immigration (Guardianship of Children) Act 1946. See Attachment C - Fees to accompany applications for Schedule 3 of the Regulations which sets out the fees. See Attachment D - Concession fee for certain Centrelink or DVA pensions for further information on fees payable by certain Centrelink or Department of Veterans’ Affairs pension holders.

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ACIs . applications for citizenship by British and Maltese former child migrants must be accompanied by the fee mentioned in item 6 of Schedule 3 (currently ‘Nil’). and were wards of the Minister under the Immigration (Guardianship of Children) Act 1946. they must be refunded the amount specified by the regulations in force at the time the fee was paid. Under reg 12A.p 79 . The Perth office handles enquiries from Western Australia and the Melbourne Office handles enquiries from elsewhere in Australia and their contact details are as follows: The Child Migrants Trust 228 Canning Street NORTH CARLTON VIC 3054 Telephone: 03 9347 7403 Fax: 03 9347 1791 or The Child Migrants Trust 8 Sunbury Road VICTORIA PARK WA 6100 Telephone: 08 9472 7582 Fax: 08 9472 7549 Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . British and Maltese former child migrants Applications received from British and Maltese former child migrants who entered Australia between 22 September 1947 and 31 December 1967 inclusive. need to produce evidence of their former child migrant status with their application for Australian citizenship. The citizenship application fees increased on 1 July 2009. If an applicant paid a fee in connection with an application for citizenship (see s46) before 1 July 2009 and is subsequently entitled to a refund. therefore.Chapter 5 Refund of fees (reg 13) Regulations 13(4) and (5) provide that the component of the fee that relates to the sitting of a test may be refunded if a person made an application under the general eligibility provisions (Form 1300t) and paid the relevant fee but did not sit a test. They will. The Child Migrants Trust has offices in Melbourne and Perth. should have their application processed as a priority.

p 80 . There are a number of circumstances where an application for citizenship by conferral must not be approved. and s24(4D)) All cases concerning national security must be referred to the Citizenship Help Desk. For example this discretion: may be used to refuse approval under s21(2). where the applicant’s permanent visa ceased or was cancelled prior to decision (see Cessation or cancellation of a permanent visa prior to decision) or would be used to refuse approval under s21(5) where the applicant is aged under 18 years but does not meet the additional criteria set out in the policy guidelines. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . Identity (s24(3)) No further guidance is necessary. MINISTER’S DECISION (S24) An application for citizenship by conferral must be approved or refused. 21(3) or 21(4). Please consult the Citizenship Help Desk if you are considering exercising the s24(2) discretion in relation to any application.Chapter 5 DECISION MAKING This part comprises: Minister’s decision (s24) Minister may cancel approval (s25) Prescribed reasons for failing to make pledge of commitment (reg 7) Pledge of commitment must be made (s26) How pledge of commitment is to be made (s27) Day citizenship begins (s28) Notification of decisions (s47) Review of decisions (s52). They must also be given notice of the decision.ACIs . s24(4A). s24(4C). The Minister’s discretion under s24(2) may be exercised in cases where the applicant does meet the legislative requirements but does not meet the policy guidelines (and the decision maker is satisfied that the circumstances of the case do not warrant going outside of usual policy). the application would generally be approved. lodged prior to 7 October 2008. These relate to: identity national security when the applicant is not in Australia at the time an application is to be approved where a person is or has been subject to court proceedings for an offence and cessation of citizenship. s24(4B). National security (s24(4). If an applicant meets the eligibility requirements and there is no prohibition on approval. See Notification of decisions (s47).

The following terms are relevant to s24(6) and are defined by s3 of the Act: prison psychiatric institution serious prison sentence serious repeat offender The period that a person is confined to a prison or psychiatric institution is explained in s9 of the Act. or where a person meets one of the special residence requirements. Section 24(6) does not apply to applicants who are stateless and covered by s21(8). If the applicant is stateless and was born in Australia. including applicants who are under 18. the necessary information must be requested from the applicant. Such an assessment will be made where the applicant is a direct or indirect risk to the security of Australia. If the applicant is stateless and was born outside Australia to an Australian citizen parent. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .ACIs . If it is not possible to obtain a police clearance. onshore police clearances for applicants. an application for citizenship must not be approved if the applicant has been convicted of a national security offence. Section 24(6)(a) Section 24(6)(a) covers the period from when a person is charged with an offence until either the prosecution drops the charges or the matter is finalised by the courts. Where a person is or has been subject to court proceedings for an offence (s24(6)) Section 24(6) of the Act sets out circumstances where an application for Australian citizenship by conferral must not be approved if a person has committed an offence against an Australian law or where there are proceedings in relation to the person pending for an offence against an Australian law. an application for citizenship by conferral must not be approved unless the applicant is stateless (see below). Section 24(6) applies to all other applicants. an application for citizenship must not be approved if the applicant: has been convicted of national security offence or has been convicted of an offence (in Australia or overseas) and sentenced to a period of imprisonment for at least 5 years. Further guidance on the interpretation of these terms can be found in Chapter 1 . When the applicant is not in Australia at the time an application is approved (s24(5)) An application for citizenship by conferral made under: s21(2) (general eligibility) s21(3) (permanent or enduring physical or mental incapacity) or s21(4) (person aged 60 or over or has hearing. If required. This does not apply in cases where the residence discretion in s22(9) or s22(11) has been applied to the general residence requirement. speech or sight impairment) must not be approved if the applicant is not in Australia at the time the decision is to be made.Preliminary and definitions. Note: There is a discretion for the Minister to approve an application if it would be unfair to refuse it on the basis of the person’s conviction (see s24(4C)). may be requested if they are relevant to an assessment under s24(6).p 81 .Chapter 5 If ASIO has issued an adverse security assessment or qualified security assessment against the applicant. including applicants who are under 18.

ACIs . please see Chapter 1 . Section 24(6)(e) Before the completion of a term of imprisonment. but sentencing has been deferred an appeal is underway or a party to the case has the option of appealing the decision.Chapter 5 This includes where: an applicant has been charged and convicted of an offence. This does not include where: the applicant is being investigated by police in relation to the possible commission of an offence but has not yet been charged with an offence or the applicant has been found guilty by a court. Section 24(6)(c) If required. Where an applicant has been: confined to a prison because of a serious prison sentence released and confined to a prison again for another serious prison sentence an application for citizenship by conferral must not be approved for 10 years after the person has been released from prison. an application for citizenship by conferral must not be approved for 2 years after the person has been released from prison. a person can be released from prison “on parole” or “licence” to serve the remainder of their sentence outside of prison. Section 24(6)(d) If required. Section 24(6)(b) will only apply if the applicant has been confined to a prison because a court has imposed a sentence of imprisonment after the applicant has been convicted of an offence.these cases fall under s24(6)(f) or s24(6)(g)). but released on conditions relating to the applicant’s behaviour (such as a good behaviour bond . action can be taken against the person under an Australian law to require them to serve the whole or a part of the balance of the term of imprisonment.p 82 . Section 24(6)(b) Cases of children in institutions must be checked carefully to ascertain whether they fall within s24(6)(b). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .Preliminary and definitions for further guidance in relation to the terms: confined to a prison serious prison sentence and serious repeat offender.Preliminary and definitions for further guidance in relation to the terms: confined to a prison and serious prison sentence. Where an applicant has been confined to a prison because of a serious prison sentence. If the person breaches a condition of their parole or their licence. please see Chapter 1 .

but the person has been released by a court from serving all or part of that sentence the person’s release is subject to conditions that relate to their behaviour and the person has provided a security to comply with these conditions. a ‘surety’ is a person who enters into a (usually written) undertaking that he or she will forfeit a specified sum of money (or other security) if another person fails to comply with an undertaking that that other person has entered into. such as community based orders and community service orders. If all the conditions are met.Chapter 5 Under s24(6)(e). Sections 24(6)(f) and 24(6)(g) The following definitions are relevant to these sections: security A ‘security’ in this context is something that is given or deposited to ensure that a promise or obligation is fulfilled. This will usually be done by paying money or by recognizance. These orders may fall under 24(6)(f) and 24(6)(g) in certain circumstances. if a person has been released by a NSW court on a two year good behaviour bond which includes a security given by the person. For example. The courts are able to make a number of alternative orders. Section 24(6)(g) applies where: there are proceedings for an offence against an Australian law in relation to the person but a court has not imposed a sentence of imprisonment on the person the person has been released by the court subject to conditions that relate to their behaviour and the person has provided a security to comply with these conditions.p 83 . In criminal law. a ‘recognizance’ is an ‘acknowledgment’. In the criminal law context. for example. ‘Sureties’ are people who make themselves answerable for another’s actions. an application for Australian citizenship by conferral must not be approved at any time during which a person is on parole or licence. but it is important to ensure that the conditions relating to the giving of a security are also met before paragraphs 24(6)(f) and (g) apply. an application for Australian citizenship by conferral must not be approved at a time when action under an Australian law can be taken against the person because they have breached a condition of the security. sureties recognizance Section 24(6)(f) applies where: a person has been convicted of an offence against an Australian law and sentenced to imprisonment. A ‘recognizance to be of good behaviour’ is an undertaking given by an offender to a sentencing court to be of good behaviour. Section 24(6)(h) Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . may be sentenced to a term of imprisonment. 24(6)(g) only applies where a person. be given by paying a specified sum of money or by providing an undertaking (see recognizance) to satisfy the orders of the court.ACIs . However. Where a person is charged with an offence for which the maximum sentence does not include a period of imprisonment. if convicted of the offence. This can be done by paying money or by recognizance. A person released by a court on a good behaviour bond will have been ‘released subject to conditions that relate to their behaviour’. Please refer these cases to the Citizenship Help Desk. A security could. an application for Australian citizenship by conferral must not be approved during that two year period. there is no prohibition on approval.

Cessation of citizenship (s24(7)) Section 24(7) does not apply to applicants who are stateless and covered by s21(8). When there is a “decision bar” There may be some cases that have a “decision bar” recorded against the applicant because of previous or ongoing action by another area of the Department. However. the permanent or enduring physical or mental incapacity requirements(21(3)) or the requirements relating to people aged 60 or over or with hearing. Children are not required to make the pledge of commitment. The approval may not be cancelled if the reason for failing to make the pledge is one of the prescribed reasons given in regulation 7. In the case of people who are required to make a pledge of commitment.ACIs . Once a “decision bar” is lifted the case can be finalised. Deferral of decision not possible Under s14 and s14A of the old Act. decision makers should follow up with the relevant area on a monthly basis until the case can be finalised. However. the approval may be cancelled if the person is no longer: a permanent resident likely to reside. If the “decision bar” is not lifted. Additional assistance or guidance with such cases should be sought from the Citizenship Help Desk. or continue to reside. In such situations.p 84 . This section applies in cases where: a person has been confined by a court to a psychiatric institution while proceedings for an offence against an Australian law in relation to the person are pending and a person has been confined by a court to a psychiatric institution following the finalisation of procedures for an offence against an Australian law in relation to the person. approval of citizenship given under s24 of the Act may be cancelled in prescribed circumstances. MINISTER MAY CANCEL APPROVAL (S25) Under s25. decision makers must seek approval from the relevant area for the “decision bar” to be lifted.Chapter 5 Section 24(6)(h) applies where the applicant is confined in a psychiatric institution (which includes the psychiatric section of a hospital) as a result of a court order after committing an offence against an Australian law. a series of letters should be sent to the client. In the case of people who have been given approval on the basis of meeting the general eligibility requirements (s21(2)). speech or sight impairment (21(4)). it was possible to defer a decision on an application under certain circumstances. approval of citizenship given to a child may be cancelled if their application was made at the same time as a responsible parent and if the approval given to the responsible parent has been cancelled. approval may be cancelled if the person has not made the pledge within 12 months of receiving notice of approval. in the following order: non-attendance at ceremony Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . it is possible instead to delay the making of the pledge of commitment under s26(3) of the Act. Before an approval of an application for Australian citizenship is to be cancelled because of failure to make the pledge. The new Act does not allow for the deferral of decisions. in Australia or to maintain close and continuing association with Australia or of good character.

and on the same form. and the person has not provided a signed statement and supporting evidence in accordance with reg 7(5). and the child is approved for Australian citizenship but the responsible parent is refused. HOW PLEDGE OF COMMITMENT IS TO BE MADE (S27) Chapter 6 . if they make an application at the same time. then the child’s citizenship begins on the date the application is approved. and on the same form. If the child under the age of 16 makes an application at the same time. there is no prescribed reason which would prevent consideration being given to cancellation of their approval. includes details of people authorised by the Minister. as a responsible parent who is approved for Australian citizenship they do not become an Australian citizen unless and until the responsible parent becomes a citizen.ACIs . PLEDGE OF COMMITMENT MUST BE MADE (S26) See Chapter 6 . as a responsible parent. The following is a snapshot of the day on which citizenship begins for applications approved under s21(1) of the Act: General eligibility (s21(2)) Permanent or enduring physical or mental incapacity (s21(3)) Person aged over 60 or has a hearing speech or sight impairment (s21(4)) Person born to former Australian citizen (s21(6)) Person born in Papua before 16 September 1975 to an Australian born parent (s21(7)) Stateless person (s21(8)) Child under 16 years who applied at the same time as responsible parent when both child and parent were approved (s21(5)) Child under 16 years who applied at the same time as responsible parent when child is approved but responsible parent is refused (s21(5)) Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office On making the pledge Date application is approved On making the pledge Date application is approved Date application is approved Date application is approved Date the responsible parent becomes a citizen Date application is approved 1 January 2011 Chapter 5 .Chapter 5 cancel approval (Advice 6 months) cancel approval (Advice 9 months) You should only proceed with the cancellation of approval if no satisfactory response is received and the person has been given adequate opportunity to respond.Ceremonies.Ceremonies. However.p 85 . PRESCRIBED REASONS FOR FAILING TO MAKE PLEDGE OF COMMITMENT (REG 7) Regulation 7(5) means that if a person has failed to make a pledge for a reason covered by reg 7(3) or (4). DAY CITIZENSHIP BEGINS (S28) Children under the age of 16 years at the time of application are not required to make a pledge of commitment.

generally a decision to refuse an application for Australian citizenship by conferral can be only if the applicant is a permanent resident.Chapter 5 Child under 16 years at application who applied in their own right (s21(5)) Child 16 years and over at application (s21(5)) Date application is approved On making the pledge NOTIFICATION OF DECISIONS (S47) Under s47 a person must be given notice of the decision on their application. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . The two exceptions are where the applicant was under the age of 18 when they applied for citizenship. REVIEW OF DECISIONS (S52) Under s52. or a cancellation of approval.ACIs . the notice must include the reasons for the decision and advice that they have a right to have this decision reviewed by the AAT.p 86 . If the decision is a refusal. and where a decision refers to the person’s eligibility for citizenship by conferral as a stateless person. A decision to cancel an approval can be reviewed by the AAT.

See ordinarily resident. A certified copy of a declaration registered under this provision may be accepted as evidence of Australian citizenship. See ordinarily resident. This provision was repealed on 7 July 1997. If the declaration was in order. People registered under s15 became Australian citizens on 1 October 1958. If the declaration was in order. A certified copy of a declaration registered under this provision may be accepted as evidence of Australian citizenship. This provision was repealed on 7 September 1997. could make a declaration that they wished to acquire Australian citizenship. These provisions expired on 30 September 1981.ACIs . These provisions expired on 22 November 1978. The Cocos (Keeling) Islands Amendment Act 1979 (section 14A) which came into effect on 21 March 1979 provided that people who were ordinarily resident on Cocos (Keeling) Islands immediately before the transfer of the Islands to Australia (23 November 55).HISTORICAL PROVISIONS IN RELATION TO RESIDENTS OF COCOS (KEELING) ISLANDS ON 23 NOVEMBER 1955 In certain circumstances. it was registered. The Christmas Island Act (s15) provided that a person who was a British subject and ordinarily resident on the Island immediately before 1 October 1958 could make a declaration of desire to become an Australian citizen. could make a declaration that they wished to acquire Australian citizenship provided that they were ordinarily resident in Australia or an external Territory. the date the Islands became an Australian Territory.Chapter 5 ATTACHMENT A . A person under 21 years of age could make a declaration within two years after attaining the age of 21 years. it was registered.p 87 . the date the Island became an Australian territory. a person who was ordinarily resident in the Cocos (Keeling) Islands immediately before the transfer of the Islands to Australia (on 23 November 1955) could acquire Australian citizenship by registration of a declaration. The Christmas Island Amendment Act 1980 (s15A) which came into effect on 23 December 1980 provided that people who were ordinarily resident on Christmas Island immediately before the transfer of the Island to Australia on 1 October 1958. Section 14 of the Cocos (Keeling) Islands Act 1955 provided that a person who was a British subject and ordinarily resident in the Islands immediately before 23 November 1955 could make a declaration of desire to become an Australian citizen. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . RESIDENTS OF CHRISTMAS ISLAND ON 1 OCTOBER 1958 In certain circumstances. A declarant under s15A was deemed to have become an Australian citizen on the date of registration. provided they were ordinarily resident in Australia or an external territory. People registered under those provisions became Australian citizens on 23 November 1955. A person under 21 years of age could lodge a declaration within two years after attaining the age of 21 years. a person who was ordinarily resident on Christmas Island immediately before the transfer of the Island to Australia (on 1 October 1958) could acquire Australian citizenship by registration of a declaration. The regulations under that Act prescribed that a person over 21 years of age could make a declaration to become an Australian citizen before 1 October 1960. The regulations under that Act prescribed that a person over 21 years of age could make a declaration to become an Australian citizen before 23 May 1959. A declarant under s14A was deemed to become an Australian citizen on the date of registration.

to the extent that it causes significant hardship. academic scholarship) or other (sporting etc) potential is being limited or restricted. because the opportunities to reach that potential is available only to an Australian citizen. Permanent visa holders are eligible for a Commonwealth supported place (previously known as a Higher Education Contribution Scheme) or a domestic fee-paying place. loss or detriment People would normally be required to demonstrate some or all of the following circumstances: inability to gain employment on the grounds that the employment is restricted to Australian citizens.SIGNIFICANT HARDSHIP AND DISADVANTAGE The Macquarie Concise Dictionary and Collins Concise English Dictionary. important or momentous conditions of life difficult to endure. something that causes suffering or privation an unfavourable circumstance. Further information is available from the Department of Education. Evidence of significant hardship and disadvantage is required (eg a statement in writing.p 88 . Australian Edition make the following definitions: significant hardship disadvantage of consequence. if a person could not find any employment. Personal wants are aspirations and generally do not constitute hardship (ie the right to vote.gov. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . The onus is on the applicant to provide the evidence to support the application.ACIs .Chapter 5 ATTACHMENT B . unless there are special circumstances that would warrant consideration outside that policy. Australian citizenship is not a requirement to study in Australia. The requirement to be an Australian citizen is only relevant to students who wish to access a loan under the Australian Government’s Higher Education Loan Programme (HELP) for their student contribution or tuition fee.au. election to Parliament. Personal needs relate to situations which would give rise to significant hardship or disadvantage if a person could not meet that need. Australian universities are permitted to admit students who are not Australian citizens. person. For example. Science and Training at www.dest. thing. and was unable to adequately financially support themselves or their family. with appropriate supporting documentation to demonstrate how they meet the legal requirements and policy guidelines). Decision makers should also be aware of situations where it appears that a person takes a course of action for the sole purpose of availing themselves of the exercise of this discretion. or are unable to use a passport issued by that country for safety or similar reasons academic (eg research. it must be applied. HECS availability. representing Australia internationally in academics or sport). Decision makers will need to assess each application on its merits. and that comparable or alternative employment is not reasonably available difficulty of international travel because the person cannot obtain a passport from their country of nationality/citizenship. While policy is not to be applied inflexibly. injury. Decision makers must be mindful of the difference between personal needs and personal wants.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .ACIs .FEES TO ACCOMPANY APPLICATIONS Regulation 12A prescribes the fee to accompany an application.p 89 .Chapter 5 ATTACHMENT C .

A blue DVA Pensioner Concession Card is generally sufficient evidence that the person qualifies for a charge concession.p 90 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .Chapter 5 ATTACHMENT D . A Commonwealth Seniors Health card is not acceptable evidence.ACIs . as not all holders are eligible for the fee concession.CONCESSION FEE FOR CERTAIN CENTRELINK OR DVA PENSIONS Schedule 3 of the Regulations prescribes the concessional fee to accompany an application by certain persons in receipt of Centrelink or Department of Veterans’ Affairs (DVA) pensions.

ACIs . children and foreign born wives. People born in Australia automatically acquired the status of British subject. naturalization. A person born on board a foreign ship was not deemed a British subject by reason only that the ship was in British territorial waters at the time of birth. and there were also provisions for loss of British nationality. This could also be acquired by descent. marriage or annexation of Territory.Chapter 5 ATTACHMENT E TO CHAPTER 5 . Before the old Act came into force on 26 January 1949 the status of Australian citizenship did not exist.including children and foreign born wives Marriage Annexation of a territory Loss of British nationality. and the birth was registered at a British consulate.including children and foreign born wives People were deemed to have acquired British subject status by naturalization if they held or were included in a Certificate of Naturalization granted by the: Government of an Australian State before 1 January 1904 Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .including children and foreign born wives outside Great Britain’s dominions after 1 January 1915. citizenship by marriage. unless they were born: legitimately outside Great Britain’s dominions and their father was a British subject by reason of birth on British soil outside Great Britain’s dominions before 1 January 1915 and their paternal grandfather was a British subject by reason of birth on British soil outside Great Britain’s dominions and their father prior to the birth. of a father who was a British subject by descent only.BRITISH NATIONALITY AND BRITISH SUBJECTS This part comprises: British nationality prior to 26 January 1949 British subject status from 26 January 1949 British nationality before 26 January 1949. Ireland. BRITISH NATIONALITY PRIOR TO 26 JANUARY 1949 This section comprises: Birth and descent Naturalization . the diplomatic representative of a foreign power or they were born of an alien enemy father in occupied British territory. loss of British citizenship and British status after 26 January 1949 including citizenship in relation to Commonwealth countries. including citizenship by birth and descent. Birth and descent People acquired British subject status at birth if they were born within Great Britain’s dominions unless: their father was. such as Burma. had been granted a Certificate of Naturalization of the type set out in the section Naturalization .p 91 . Naturalization . South Africa and Pakistan. at the time of the birth. naturalization.

ACIs . did not affect the woman’s nationality. the wife automatically acquired British subject status without any action on her part if the husband was naturalized between 1 April 1937 and 25 January 1949. (after 1 January 1921 details of the person’s wife were shown on the certificate if she was included in the application) Home Secretary of the United Kingdom after 1 January 1915 or Governments of the following Dominions. if the person concerned was sane. are to be referred to the Citizenship Help Desk.after 1/7/1929.Chapter 5 Government of the Commonwealth between 1 January 1904 and 31 March 1937. Loss of British nationality British subject status could be lost in any one of the following ways: by naturalization in a foreign state. Children Children of people granted Certificates of Naturalization under various Commonwealth and State Acts in force before 1 January 1921 became naturalised in certain circumstances without having their names included in a parent’s certificate. and was not a married woman by declaration of alienage which could be made only in specified cases and were very few in number Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . Dissolution of the marriage. after the dates shown Canada Newfoundland South Africa New Zealand . Annexation of a territory British subject status could be acquired by inhabitants of a territory annexed by the British Government.after 21/5/1926 . or the death of the husband. Claims to citizenship on these grounds are to be referred to the Citizenship Help Desk with particulars of the parent’s naturalization. the wife did not acquire British subject status unless she made a Declaration of Acquisition of British subject status under s18(5) of the Nationality Act 1920-1946 if the husband was naturalized before 1 January 1921 the wife may or may not have acquired British subject status.p 92 . of full age. Enquiries about such cases are to be referred to the Citizenship Help Desk. the child’s birth and residence in Australia. but who cannot show that they have previously been deemed British. Foreign born wives In relation to foreign-born wives of people naturalized in Australia subsequent to the marriage: if the husband was naturalized in Australia between 1 January 1921 and 31 March 1937. Marriage Prior to 26 January 1949 an alien woman who married a British subject acquired British subject status by virtue of the marriage.after 1/1/1915 .after 5/6/1915 . Enquiries by people claiming to have acquired British subject status by this means.

The countries included in s7 on that date were: United Kingdom and Colonies Canada New Zealand The Union of South Africa Newfoundland India Pakistan Southern Rhodesia and Ceylon (currently Sri Lanka) who did acquire citizenship automatically. became a British subject without citizenship. who was a British subject immediately before 26 January 1949 and who did not on that date acquire Australian citizenship or hold the citizenship of another Commonwealth country or Ireland. BRITISH SUBJECT STATUS FROM 26 JANUARY 1949 This part comprises: Marriage and women’s status Burma Ireland South Africa and Pakistan. the most important implication of “British subject” status relates to whether a person obtained citizenship automatically on 26 January 1949 under the transitional arrangements. Today. citizens of Australia were also British subjects for the purposes of Australian law. Between 26 January 1949 and 01 May 1987. whatever her husband’s nationality and wherever the marriage took place. A person. Section 27 of the Australian Citizenship Act provided for the restoration of British subject status to women who lost that status solely by reason of their marriage. This was in keeping with the principles agreed to in 1947 for the adoption of a scheme of legislation combining citizenship of independent member countries of the Commonwealth with the maintenance of the common status of British subject throughout the Commonwealth. a person was a British subject if she or he was an Australian citizen or a citizen. This was the case even if a result of the marriage was the automatic conferral of her husband’s citizenship. For the purposes of Australian law. by marriage to an alien in certain circumstances.Chapter 5 in the case of persons who had obtained British subject status by naturalization. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .p 93 . Marriage and women’s status A woman who was an Australian citizen and who married a citizen of another country after the commencement of the Act. or a citizen of one of the countries listed in s7 of the old Act or in regulations made under that provision. (26 January 1949) did not lose her Australian citizenship by reason only of marriage. by revocation on the order of the Minister responsible for nationality matters at the time or in the case of a British woman.ACIs .

and who on that date ceased to be a British subject by reason of the Act. She therefore would have become an Australian citizen if she was born in Australia or in New Guinea.but any such person who was born in British Territory or in a British Protected Territory. The divergence between United Kingdom and Australian law was abolished by the Nationality and Citizenship (Burmese) Act 1950. People who were domiciled in the United Kingdom or His Majesty’s dependencies were given the opportunity to elect to remain British within two years after 4 January 1948. which ceased the British subject status of people connected with Burma. was excepted and remained British and women who had become British subjects by reason only of marriage to such a person. Burma Burma ceased to be a member of the British Commonwealth on 4 January 1948. In the UK. or was ordinarily resident in Australia and/or New Guinea for the five years immediately before the Act commenced.ACIs . but had remained British under Australian law. which came into force on 29 July 1950 with the following effects: People who ceased to be British subjects under the UK Act. No person ceased to be a British subject under the Act if the person’s father or paternal grandfather was born outside Burma in British Territory. Such declarations were of no effect until registered. had the right to make a declaration electing to remain an Australian citizen and a British subject. within two years after 29 July 1950. or in British Protected Territory. For the purposes of Australian law. for example. in Australia the common law applied. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . which may be accepted as evidence of their status. Any person who was an Australian citizen immediately before 29 July 1950. (See the repealed s25(1) and s27 of the Act.Chapter 5 The transitional provisions of the old Act provided that a woman who lost British nationality by marriage before the commencement of the Act was deemed to have been a British subject immediately before the Act commenced. a person born in Burma but resident in Australia on 04 January 1948 may have been continued to be regarded as a British subject and acquired Australian citizenship automatically on 26 January 1949 under the transitional provisions. Although UK legislation came into force at that time.) A woman marrying an Australian citizen after the commencement of the old Act did not thereby acquire Australian citizenship. or whose father or paternal grandfather was born in such Territory. or marriage to. namely: any person born in Burma whose father or paternal grandfather was born in Burma . Therefore. or before marriage was naturalized in Australia. ceased to be British subjects automatically by reason of Burma’s departure from the British Commonwealth. but upon such registration the declarants were deemed never to have ceased to be Australian citizens People who made declarations of election and had them registered were furnished with a certified copy of their declaration. a person who ceased to be a British subject by reason of the Act. the Burma Independence Act provided that certain people connected with Burma should cease to be British subjects. became aliens under Australian law (from 29 July 1950) unless they: had exercised the right of election to remain British subjects under either the United Kingdom or Australian Act or were citizens of one of the other countries of the British Commonwealth. and who remained there after that date. Women who acquired British subject status by marriage before the Act commenced were not deprived of that status (s26A of the old Act). only those Burmese who were inhabitants of Burma on 4 January 1948. British subject status was lost by any person who acquired that status during the period 4 January 1948 to 29 July 1950 by reason only of descent from.p 94 .

Ireland was treated in the same way as His Majesty’s dominions. its view being that Irish citizens should not be deemed British subjects unless they had a proven attachment to the status by virtue of residence in or other association with a country of the British Commonwealth.ACIs . or descended from people born in that country were no longer deemed by that fact alone to be British subjects Irish citizens who also possessed the citizenship of a country of the British Commonwealth (for example. and does not include Northern Ireland.Chapter 5 Ireland Ireland here refers to the country commonly known as “Eire”.they remained in an “intermediate position” and until 1 May 1987 they retained the same rights and duties as British subjects under Commonwealth laws (and territory laws passed prior to 26 January 1949). a person born in Ireland of a father born in the United Kingdom) would be regarded as British subjects by reason of that citizenship other Irish citizens who were British subjects immediately before 26 January 1949 could give notice claiming to remain a British subject on the basis that they: were or had been in service under an Australian Government were the holder of an Australian passport or had associations by way of descent. residence or otherwise with Australia. An Irish citizen born after 26 January 1949 was not eligible to lodge such a claim and could only become an Australian citizen by the normal processes applicable to the grant of Australian citizenship. in Australia. The person might also be an Australian citizen under s25 of the Nationality and Citizenship Act 1948 ‘transitional provisions’. This arrangement extended to the children of such persons who were under 16 years of age citizens of Pakistan and South Africa who were ordinarily resident in Australia as at 30 November 1973 became aliens as from 1 December 1975 (unless they acquired Australian citizenship or the citizenship of a country included in s7) and Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . until that date.p 95 . if they were ordinarily resident in Australia for the 5 years before 26 January 1949 (s25(1)(d)). Under Irish law. citizens of Pakistan and South Africa had the status of British subjects even though the countries had ceased to be members of the British Commonwealth before then. The Nationality and Citizenship Act 1948 (and the UK British Nationality Act) sought to meet these objections: people born in Ireland. retained both the status of British subjects and their entitlement to apply for the grant of Australian citizenship on completion of 12 months’ residence. which is still a part of the United Kingdom (UK). South Africa and Pakistan South Africa and Pakistan remained in the list of Commonwealth countries until 1 December 1973. Upon giving such notice the claimant had the status of British subject. Under UK and Australian law. with effect from 1 December 1973 there was a transitional period of 2 years from 1 December 1973 during which citizens of South Africa and Pakistan. Therefore. who were ordinarily resident in Australia prior to 1 December 1973. Irish citizens ceased to be British subjects on 1 January 1949. Amendments to the Australian Citizenship Act in 1973 had the following effects: Pakistan and South Africa were deleted from the countries in the then s7. however. The Government of Ireland objected in principle to the continuance of Australia’s position. Papua or New Guinea before 16 September 1975 or subsequently had had such associations with Australia. Irish citizens who were not Australian citizens or British subjects were not “aliens” .

p 96 .Chapter 5 citizens of Pakistan and South Africa arriving in Australia on or after 1 December 1973 were aliens.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .

SPEECH OR SIGHT IMPAIRMENTS Applicants claiming permanent or enduring physical or mental incapacity must provide evidence from a specialist in the field they are claiming the incapacity. It is anticipated that people claiming a permanent or enduring physical or mental incapacity will have been seeing a specialist on a regular basis. speech or sight impairments must also provide similar evidence. are not defined as specialists under Schedule 4 of the Health Insurance Regulations 1975. they need to provide evidence from a psychiatrist who is a fellow of the Royal Australian and New Zealand College of Psychiatrists. speech or sight impairment GPs Specialist organisations and qualifications. For example.Chapter 5 ATTACHMENT F TO CHAPTER 5 . speech or sight impairments Hearing. SPEECH OR SIGHT IMPAIRMENT Applicants claiming to have hearing. if an applicant is claiming a mental condition. GPS General Practitioners (GPs). who also could be fellows of the Royal Australian College of General Practitioners (FRACGP) or the Australian College of Rural and Remote Medicine (FACRRM). Case officers can confirm this by using the credentials which appear on the medical certificate. HEARING.Health Insurance Regulations 1975 (Part 1) Organisation Specialty Qualification Acronym Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 . For example.ACIs . In such instances the case officer could accept evidence from a doctor who is a fellow of the Australian College of Rural and Remote Medicine.3 of the Health Insurance Regulations 1975. Applicants claiming permanent or enduring physical or mental incapacity may also provide evidence from a psychologist who is a fellow of the Australian College of Psychological Medicine or equivalent organisation and is registered with Medicare for these purposes. APPLICANTS CLAIMING PERMANENT OR ENDURING PHYSICAL OR MENTAL INCAPACITY OR HEARING. The specialist must also be a fellow of a specialist organisation as defined in Schedule 4.EVIDENCE REQUIREMENTS This part comprises: Applicants claiming permanent or enduring physical or mental incapacity or hearing. or by contacting the specialist concerned. SPECIALIST ORGANISATIONS AND QUALIFICATIONS Schedule 4 .p 97 . a psychiatrist who is a fellow of the Royal Australian and New Zealand College of Psychiatrists should have FRANZCP on the evidence provided. following referral from their General Practitioner (GP). Access issues for rural and regional clients should be addressed on a case by case basis.

Australasian Chapter of Palliative Medicine The Royal Australasian College of Physicians.Chapter 5 Organisation Australasian College for Emergency Medicine Specialty Emergency Medicine Qualification Fellowship of the Australasian College for Emergency Medicine Acronym FACEM The Royal Australasian College of Physicians. Australasian Faculty of Occupational Medicine The Royal Australasian College of Physicians. Division of Adult Medicine and Division of Paediatric and Child Health General Medicine General Paediatrics Cardiology Clinical Genetics Clinical Pharmacology Endocrinology Gastroenterology and Hepatology Geriatric Medicine Haematology Immunology and Allergy Infectious Diseases Intensive Care Medical Oncology Nephrology Nuclear Medicine Palliative Medicine Respiratory and Sleep Medicine Rheumatology Fellowship of the Royal FRACP Australasian College of Physicians The Royal Australasian College of Physicians.p 98 .ACIs . Australasian Faculty of Rehabilitation Medicine Palliative Medicine Fellowship of the Australasian Chapter of Palliative Medicine Fellowship of the Australasian Faculty of Occupational Medicine Fellowship of the Australasian Faculty of Rehabilitation Medicine FAChPM Occupational Medicine FAFOM Rehabilitation Medicine FAFRM Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 5 .

ACIs - Chapter 5

Organisation The Royal Australasian College of Physicians, Australasian Faculty of Public Health Medicine Australian and New Zealand College of Anaesthetists

Specialty Public Health Medicine

Qualification Fellowship of the Australasian Faculty of Public Health Medicine Fellowship of the Australian and New Zealand College of Anaesthetists Fellowship of the Faculty of Pain Medicine, Australian and New Zealand College of Anaesthetists

Acronym FAFPHM

Anaesthesia Intensive Care

FANZCA

Australian and New Zealand College of Anaesthetists, Faculty of Pain Medicine

Pain Medicine

FFPMANZCA

Royal Australasian College of Surgeons

Cardio-thoracic Surgery General Surgery Neurosurgery Orthopaedic Surgery Otolaryngology - Head and Neck Surgery Paediatric Surgery Plastic and Reconstructive Surgery Urology Vascular Surgery

Fellowship of the Royal FRACS Australasian College of Surgeons

The Australasian College of Dermatologists The Royal Australian and New Zealand College of Radiologists

Dermatology

Fellowship of the Australasian College of Dermatologists

FACD

Diagnostic Radiology Diagnostic Ultrasound Nuclear Medicine Radiation Oncology

Fellowship of the Royal FRANZCR Australian and New Zealand College of Radiologists

The Royal Australian and New Zealand College of Psychiatrists

Psychiatry

Fellowship of the Royal FRANZCP Australian and New Zealand College of Psychiatrists

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Organisation The Royal Australian and New Zealand College of Obstetricians and Gynaecologists

Specialty Obstetrics and Gynaecology Gynaecological Oncology Maternal-fetal Medicine Obstetrics and Gynaecological Ultrasound Reproductive Endocrinology and Infertility Urogynaecology

Qualification

Acronym

Fellowship of the Royal FRANZCOG Australian and New Zealand College of Obstetricians and Gynaecologists

The Royal Australian and New Zealand College of Ophthalmologists The Royal College of Pathologists of Australasia

Ophthalmology

Fellowship of the Royal FRANZCO Australian and New Zealand College of Ophthalmologists Fellowship of the Royal FRCPA College of Pathologists of Australasia

General Pathology Anatomical Pathology (including Cytopathology and Forensic Pathology) Chemical Pathology Haematology Immunology Microbiology

The Royal Australasian College of Dental Surgeons

Oral and Maxillofacial Surgery

Fellowship of the Royal FRACDS Australasian College of (OMS) Dental Surgeons (Oral and Maxillofacial Surgery) Fellowship of the Joint Faculty of Intensive Care Medicine FJFICM

Australian and New Zealand College of Anaesthetists and Royal Australasian College of Physicians, Joint Faculty of Intensive Care Medicine

Intensive Care Medicine

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ATTACHMENT G TO CHAPTER 5 - CONVENTIONS ON NAMES
In some countries, names are presented on birth certificates in a manner different from the usual Australian practice. In some Asian countries, including Vietnam, Malaysia, Singapore and China, birth certificates and passports are traditionally written in the following way: Family name 1 eg HA Middle name 2 Hang First name 3 Dinh Ngoc

In some cases, the family name may be first and there may be a combined first and middle name or no middle name at all. In other countries, such as Spain, France and Portugal, people carry the family names of both parents and both names appear on the birth certificate. If a person decides to apply for citizenship in one family name (ie in the Australian custom), even though there is a difference between the name on the birth certificate and the name requested on the application, an official name change certificate is not required as the birth certificate (together with other identity documents required to be provided) would be sufficient evidence to prove the client’s identity. A person with the accepted order of given names followed by family name on their birth certificate, may apply in only one of the given names. The dropping of a given name will not usually necessitate an official name change certificate as the birth certificate (together with other identity documents required to be provided) should be sufficient evidence to prove the client’s identity. In many Islamic countries birth certificates show the person’s given name without providing a surname. It is accepted under Islamic culture that the child will take the father’s family name. In these cases, “family name” often refers to all names of the father rather than a father’s last name, ie their surname. For example, a child born to Adel Gamal SAAD, could be named Sherif Adel Gamal SAAD. In such cases, the father’s birth certificate can be requested as evidence that the practice of using the father’s full name in the child’s name has been previously adopted. The accepted Australian policy of given names followed by surname/family name is to be applied in a way that results in an Australian-style name order on the evidence of Australian citizenship. Strict adherence to the order of names shown in passports or birth certificates of the above applicants will not necessarily achieve this objective. The names are to be re-ordered in the following way: First name 1 Dinh Ngoc Middle name 2 Hang Family name 3 HA

It is important to inform applicants whose documents are not written in the Australian style order of given name followed by surname/family name, of the way in which their name will appear on their evidence of citizenship and, if they are an applicant for citizenship by conferral, that their name will be presented in this way at the citizenship ceremony. The reasons for this approach should be explained and the accuracy of the proposed change checked with the applicant. The full name as it appears on the birth certificate is to be recorded in the Department’s database system as name type “Alias”. Notes should be added with reasons for the name used on the application and evidence of citizenship if different to the name on the birth certificate.

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NAMES IN PASSPORTS
For women from either Korea or Lebanon, it is the practice to issue the passport in the maiden name with the notation that they are the wife of “spouses’ surname”. For Korea this will be in brackets as “w/o” after the maiden name and for Lebanese passports it will after the notation “et al”. Indian passports are also issued in the woman’s maiden name with the details of the spouse endorsed in the back of the passport. Any future passports issued in Australia by the relevant consulates may be issued in the woman’s married name. In all cases the original overseas marriage certificate, with the official translation, would have to be sighted.

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Letter of agreement Attachment B .Interview / image consent form Attachment E.p 103 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .Chapter 6 CHAPTER 6 .CEREMONIES This Chapter comprises: Overview of Chapter 6 Who conducts citizenship ceremonies Legal requirements for conducting a citizenship ceremony Requirements following a citizenship ceremony Australian citizenship affirmation ceremonies Attachment A .ACIs .Overseas ceremony procedures.Expression of interest to host an Australian citizenship ceremony Attachment C .Agreement between DIAC and the party organising a citizenship ceremony Attachment D .

citizenship.au). 3. Preamble The presiding officer must read Schedule 1 of the Regulations (Preamble for citizenship ceremony) to the candidates. It sets out the legal and other requirements for conducting citizenship ceremonies as well as the roles and responsibilities of those conducting ceremonies. The Code is publicly available from the Department’s citizenship website (see http://www.p 104 .gov. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .Chapter 6 OVERVIEW OF CHAPTER 6 There are three legal requirements for conducting a citizenship ceremony: 1.ACIs . Authorisation to receive the pledge of commitment Section 27 of the Act requires that the person before whom the pledge is made (the presiding officer) must be authorised by the Australian Government minister responsible for citizenship matters. Australian Citizenship Ceremonies Code The Australian Citizenship Ceremonies Code (the Code) provides guidance for organisations conducting citizenship ceremonies. Pledge of commitment Section 26 of the Act requires most people 16 years of age and over to make the pledge of commitment as a citizen of the Commonwealth of Australia. 2.

Overview of ceremonies Citizenship ceremonies are traditionally public ceremonial occasions which provide an important opportunity to formally welcome new citizens as full members of the Australian community. Department’s role The Department’s role in council ceremonies will vary from office to office. The Department conducts ceremonies as required and to mark special occasions as part of its program to promote Australian citizenship. The Department may also provide assistance such as sending invitation letters to candidates and guests and helping to arrange publicity. and that pledge verification lists are received from councils within one week of a ceremony distribute citizenship certificates to the councils ensure Department systems databases are updated on the basis of the pledge verification lists received from councils and act as a help desk for council staff. The vast majority of Australian citizenship ceremonies are conducted by local government councils. Generally. Community organisations and parliamentarians are also encouraged to host citizenship ceremonies. Where arrangements have been made for Departmental officers to assist at a ceremony.Chapter 6 WHO CONDUCTS CITIZENSHIP CEREMONIES This part comprises Local government councils Community organisations The Department Other Urgent ceremonies. Citizenship ceremonies are apolitical. ensure that ceremonies are held to respond to demand for timely conferral of prospective citizens.ACIs . LOCAL GOVERNMENT COUNCILS This part comprises: Overview of ceremonies Department’s role Frequency of ceremonies. offices of the Department will: liaise with councils to ensure compliance with the Australian Citizenship Ceremonies Code. Attendance by Departmental staff to assist with the conduct of local government ceremonies is at the discretion of the state/territory Director. bipartisan and secular. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .p 105 . their assistance may include: assisting with registration and verification of the identity of candidates on arrival ensuring the legal and other requirements of the Code are adhered to assisting with enquiries and other issues as they arise.

During times of anticipated peak demand. Routine Departmental ceremonies At time of high demand. Citizenship Day. the organiser must be sent a copy of the Australian Citizenship Ceremonies Code and be asked to give written assurance that they will comply with the Code.Agreement between DIAC and the party organising a citizenship ceremony.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .Expression of interest to host an Australian citizenship ceremony. As part of their program of citizenship ceremonies. Representatives of the three levels of elected government must be invited to the ceremony.gov. venue and the maximum number of people that the venue could accommodate.p 106 . In some cases. Community organisations should indicate their interest to conduct a citizenship ceremony to the Department at least 3 months in advance of the ceremony date.au. and Australian Citizenship Day (17 September). special anniversaries etc. Community organisations may need assistance in arranging a ceremony. as well as community organisations. This includes where councils are unable or unwilling to schedule sufficient ceremonies to accommodate the number of approved citizenship applications in their area. local Mayor or Departmental officer. it is expected the Department will routinely hold citizenship ceremonies to ensure clients do not wait more than 3 months on average for a ceremony. local government authorities. They should also be encouraged to consult with their local government council to ensure that the ceremony does not conflict with any planned council ceremony.citizenship.Chapter 6 Frequency of ceremonies Citizenship ceremonies should be held regularly to meet local demand to ensure that clients wait on average no longer than three months after being notified that their application has been approved. Lions and APEX Clubs especially on or near significant days such as Australia Day. this may necessitate attendance by a Departmental representative particularly where the community organisation has not previously conducted a ceremony. The Department should assist in obtaining a presiding officer for the ceremony such as a state or federal parliamentarian.Higher Education Loans Program (HELP) critical dates. Departmental staff may also send out requests for expressions of interest to community groups at least 3 months prior to significant days such as Australia Day. such as around HECS . THE DEPARTMENT This part comprises: Routine Departmental ceremonies Special event Departmental ceremonies Overseas post ceremonies. A template is available at Attachment B . If the Department approves the ceremony. a proactive approach to Departmental ceremonies should be implemented to ensure that the demand for urgent ceremonies is minimised. The Code is publicly available on the citizenship website www. should be encouraged to hold citizenship and affirmation ceremonies to mark special celebrations such as Australia Day (26 January). The Department should ensure that the community organisation complies with all aspects of the Code. NOTE: A sample agreement (MOU) which may be used by STOs when liaising with a community organisation wishing to organise a citizenship ceremony is at Attachment C . COMMUNITY ORGANISATIONS Citizenship ceremonies can also be hosted by not for profit community organisations such as Rotary. Community organisations that would like to host a ceremony should provide the proposed date.

ACIs - Chapter 6

Departmental ceremonies generally lack the formality and some of the symbolism of public ceremonies but nevertheless must also abide by the Australian Citizenship Ceremonies Code. Prospective citizens should be encouraged to attend a public ceremony. Invitations to (and speeches by) the Minister’s representative, members of parliament or community groups are not necessary on these occasions. However, if a member of parliament is invited, invitations must be extended to all those required to be invited to public ceremonies. The attendance of family and friends is normally kept to a minimum.

Special event Departmental ceremonies
The Department usually holds ceremonies to coincide with significant days and as part of a programme to promote the value of Australian citizenship and encourage eligible non-citizens to become Australian citizens. These ceremonies are a good opportunity for the promotion of Australian citizenship and may attract media interest. Only candidates who are comfortable with media interest should be invited to these ceremonies. Prior to the Department taking photographs or conducting media interviews, candidates should be asked to sign Attachment D - Interview / image consent form.

Overseas post ceremonies
If an applicant is approved onshore they are expected, as far as possible, to attend a citizenship ceremony onshore. If an applicant has to travel overseas prior to conferral, however, they may attend a ceremony at an agreed post. This ceremony should be arranged by Dandenong office and, accordingly, all paperwork should be forwarded to Dandenong as soon as possible. It is important that overseas posts do not agree to conduct a citizenship ceremony until they have established with the Dandenong office that the appropriate requirements have been met for example, the client continues to demonstrate an ongoing intention to reside in Australia. A summary of the process for overseas posts ceremony requests is at Attachment E- Overseas ceremony procedures.

OTHER
This part comprises: Private ceremonies Members of Parliament.

Private ceremonies
In very limited circumstances, private ceremonies may be conducted in a prospective citizen’s home aged-care facility or health-care facility. Examples include where the candidate is aged or bedridden. All requests must be assessed on a case by case basis considering compelling or compassionate circumstances.

Members of Parliament
Members of Parliament (MPs) and Senators may also make requests from time to time, to conduct private citizenship ceremonies, generally in their offices. If the MP or Senator already has authorisation to preside at citizenship ceremonies, they should liaise with their closest Departmental office in conducting the ceremony. To avoid the appearance of conflict of interest, parliamentarians should not confer citizenship on family members, close friends or members of staff at private ceremonies. If the MP or Senator does not already have Authorisation to receive the pledge of commitment at citizenship ceremonies, a request for authorisation should be made in writing to the Minister. Requests should be made well in advance of any proposed ceremony date.

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URGENT CEREMONIES
There are some circumstances in which the Department may agree to conduct an urgent citizenship ceremony. Some points to consider when assessing requests for an urgent ceremony are: policy is to encourage candidates to attend public ceremonies an applicant requesting an urgent ceremony is generally asked to make the request in writing providing reasons for the request there should be genuinely urgent and compelling circumstances. If a person believes their circumstances warrant an urgent ceremony, they may make a formal request. The request must be made in writing and include supporting documentary evidence. Each request for an urgent ceremony should be assessed according to the individual circumstances of the case. Criteria to consider are: genuinely compassionate or compelling circumstances significant disadvantage to the person should they not be able to attend an urgent ceremony the length of time the person has waited for a citizenship ceremony circumstances beyond the person’s control that have arisen since the their application was approved it would be unreasonable or unfair to the person not to grant an urgent ceremony whether the person’s needs could be accommodated through attendance at a routine council ceremony STOs should hold Departmental ceremonies during peak times in the academic year to cater for students who wish to apply for HECS - Higher Education Loan Program. Preference for these ceremonies should be given to persons who have been waiting more three months for a ceremony and are not scheduled to attend their routine council citizenship ceremony prior to the HECS cut off date. The number of persons able to attend Departmental ceremonies is limited. Therefore it is important that the Department reserves places in these ceremonies for those persons who can demonstrate an urgent and compelling need. Wherever possible, in the first instance, arrangements should be made for the person to be accommodated in a council ceremony.

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LEGAL REQUIREMENTS FOR CONDUCTING A CITIZENSHIP CEREMONY
This part comprises: Authorisation to receive the pledge of commitment Preamble Pledge of commitment.

AUTHORISATION TO RECEIVE THE PLEDGE OF COMMITMENT
This part comprises: Authorisation Standing authorisations Ceremony specific authorisations.

Authorisation
Under s27 of the Act, the pledge of commitment must be made before the Minister, or a person or class of persons, authorised by the Minister. Authorisation is arranged through the Citizenship Branch, National Office. Persons authorised by the Minister as persons before whom a pledge of commitment must be made are often referred to as presiding officers. Authorisation is given to Australian citizens only and is specific to a position or person. Details of positions authorised by the Minister under s27(5) for the purposes of s27(3)(c) are given in the legislative instrument. This instrument specifies positions in STOs, overseas and local government councils which have authorisation to preside at citizenship ceremonies. To obtain the current legislative instrument or to submit a request for a person who wishes to be authorised by the Minister, contact the Citizenship Help Desk. Presiding officers have no power to appoint a proxy. However, if a person is for the time being holding, occupying or performing the duties of a position which is authorised, the person will have the authority to perform the duties of the presiding officer. To avoid the appearance of conflict of interest, it is preferable that presiding officers do not confer Australian citizenship on family members, close friends or acquaintances at special purpose ceremonies.

Standing authorisations
Since 2004, Members of the House of Representatives of the Australian Parliament (MPs) have been given, on request, standing authority to preside at citizenship ceremonies following written assurance that they will comply with the Australian Citizenship Ceremonies Code. In 2008, standing authorisation was further extended to Senators. All requests from MPs and Senators seeking authority to preside at citizenship ceremonies should be made in writing to the Minister. The MP or Senator should include with their request a signed letter of agreement (see Attachment A - Letter of agreement) indicating they will abide by the requirements for the conduct of citizenship ceremonies set out in the Australian Citizenship Ceremonies Code. The list of MPs and Senators with standing authorisation is available from the Citizenship Branch, National Office.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office

1 January 2011 Chapter 6 - p 109

ACIs - Chapter 6

Ceremony specific authorisations
On occasion, authorisation may be given by the Minister for a person to preside at a specified ceremony. For example, a state/territory parliamentarian may be asked to act as presiding officer on a particular occasion. Requests for ceremony specific authorisations are usually, but not always, associated with Australia Day and Australian Citizenship Day ceremonies. Requests should be sent to Citizenship Branch, National Office (enquiries can be sent to the Citizenship Help Desk), providing as much information as possible including the reasons for the request, the date and place of the ceremony, and the approximate number of people to be conferred at the ceremony.

PREAMBLE
Under regulation 8 of the Regulations the presiding officer must read aloud the following words as specified in Schedule 1 of the regulations Preamble for citizenship ceremony to the person making the pledge: Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia, and Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity. Persons on whom Australian citizenship is conferred enjoy these rights and undertake to accept these obligations: (a) by pledging loyalty to Australia and its people; and (b) by sharing their democratic beliefs; and (c) by respecting their rights and liberties; and (d) by upholding and obeying the laws of Australia.

PLEDGE OF COMMITMENT
This part comprises: Pledge of commitment must be made - s26 of the Act How the pledge of commitment is to be made.

Pledge of commitment must be made - s26 of the Act
A person must make the pledge of commitment to become an Australian citizen unless covered by one of the circumstances mentioned in s26(1) of the Act. People who are not required to make a pledge of commitment are nevertheless welcome to attend a citizenship ceremony and should be encouraged to do so. Children included on the application of a responsible parent may attend the citizenship ceremony with their parent/s even though they are not legally required to take part in the ceremony or make the pledge. If children wish to make the pledge, they may be able to make prior arrangements with the organisation hosting the ceremony. Children included in a responsible parent’s citizenship application acquire citizenship when the parent makes a pledge of commitment and becomes a citizen. A child’s evidence of citizenship is generally presented to their parent, together with the parent’s evidence, unless the child accompanies the parent in which case the child’s evidence can be presented to the child.

How the pledge of commitment is to be made
In accordance with Schedule 1 of the Act, the pledge of commitment may be made in either of the two forms below. Citizenship candidates may choose which version of the pledge they prefer. No other form of the pledge is legally acceptable.
Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 - p 110

The cards are clearly marked on the back. The Australian Citizenship Ceremonies Code provides more information on the pledge and the requirements for conducting citizenship ceremonies. whose rights and liberties I respect. Conferees who fail to make the pledge do not become Australian citizens and must not be presented with evidence of citizenship. Form of pledge no. If a conferee fails to make a pledge during a public citizenship ceremony they should be advised that they are not a citizen and be given the opportunity to make the pledge. reads and the candidates repeat) the pledge. All people who make the citizenship pledge should receive.gov.ACIs . and whose laws I will uphold and obey. Where reasonably practicable the pledge of commitment must be made in public. whose democratic beliefs I share.Chapter 6 Form of pledge no. as a memento. It is the responsibility of STOs to distribute the pledge cards to local government councils or to ensure that they are familiar with the process for ordering pledge cards from the citizenship website.p 111 . Dandenong office is responsible for forwarding the appropriate number of pledge cards to overseas posts together with citizenship certificates when a ceremony is to be conducted.citizenship. under God. I pledge my loyalty to Australia and its people. Pledge cards. 1 From this time forward. Copies are available on request from the Citizenship Help Desk. As a matter of practice. whose rights and liberties I respect. Candidates who can speak English are required to make the pledge in English. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . with the words of pledge No 1 and pledge No 2 can be ordered from the citizenship website www. the presiding officer “administers” (that is. Translations of the pledge are available in several languages for conferees who are not required to possess a basic knowledge of the English language and cannot speak English.au. The presiding officer should ensure that each conferee makes a pledge. I pledge my loyalty to Australia and its people. whose democratic beliefs I share. and whose laws I will uphold and obey. a pledge card displaying the words of the form of the pledge they choose to make. and to facilitate the making of a pledge. 2 From this time forward.

This will enable STOs to ascertain any returned pledge lists that still require entering into the database. RECORDING CEREMONY ATTENDANCES IN ICSE The Australian Citizenship Pledge Verification List (pledge list) is the basis on which the Department’s systems database ICSE is updated to record the acquisition of citizenship of the conferees. can cause significant inconvenience to the new citizens and inaccurate Departmental records. those pledge lists should be marked off as having been entered in the Department’s database. or in the Department entering information from returned pledge lists into the database. Councils should therefore return pledge lists within one week of a ceremony being conducted.ACIs . The Pledge lists should be retained for 100 years. may be subject to cancellation of approval. Where pledge lists show that a person did not attend a ceremony. A new citizenship certificate can be requested when the person has been scheduled into the next suitable ceremony. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . Councils who have not returned pledge lists within one week of a ceremony must be contacted and reminded of the need to return the pledge lists promptly. Delays in pledge lists being received by the Department. or fails to attend subsequent scheduled ceremonies. Unless and until this occurs. It is imperative that Departmental officers record attendance at a ceremony in ICSE as soon as possible and preferably within five working days of pledge lists being returned. STOs should have work practices in place to ensure they are aware of all council ceremonies scheduled in any given time frame and the date by which pledge lists must be returned. including by the Department. Persons required to make the pledge. it may be appropriate to send the person the relevant ICSE “cancellation of approval” caution letters. Further information on cancellation of approval can be found in Chapter 5 Citizenship by conferral. both at the citizenship ceremony and otherwise. An ICSE “non attendance at a ceremony” letter should be sent to the person in the first instance of non-attendance. enabling STOs to quickly ascertain any outstanding pledge lists. who fail to do so within 12 months of receiving notification of approval. acquisition of Australian citizenship may not be recognised. If a person does not make contact with the Department regarding their nonattendance. DISCLOSING DETAILS OF NEW CITIZENS The citizenship application forms state that personal information may be disclosed to. Pledge lists should be marked off as they are returned. state/territory Members of Parliament for the purposes of formally welcoming new citizens into the Australian community.Chapter 6 REQUIREMENTS FOLLOWING A CITIZENSHIP CEREMONY This part comprises: Recording ceremony attendances in ICSE Disclosing details of new citizens. voided on ICSE and destroyed. As candidates’ ceremony attendance information from returned pledge lists is updated in ICSE. among others: local state/local government authorities for the purposes of administering citizenship ceremonies the Australian Electoral Commission for the purposes of administering the Commonwealth Electoral Act 1918 and Federal.p 112 . It is desirable that territory and Federal Members of Parliament have the opportunity to welcome new citizens as formal members of the Australian community. STOs should ensure that the citizenship certificates are returned to the Department (by registered mail) by the organisers within 5 working days.

Accordingly. This information should be accompanied by advice that the material is to be used only for the purposes of welcoming new citizens as formal members of the Australian community and should not be forwarded to other persons or organisations. An important privacy principle is that the purpose of collection of personal information should govern its use. Disclosing the name and address of new citizens to local Members of Parliament for the purpose of those Members welcoming the new citizens as constituents would be a related secondary purpose. The names and addresses of new citizens are provided to local government councils for the purpose of arranging citizenship ceremonies. through accompanying advice as indicated above). it is noted that new citizens are informed through the application form for conferral of Australian citizenship that their information may be disclosed to Members of Parliament for this purpose. or for a related secondary purpose that the individual might reasonably expect would lead to disclosure. state/territory Members of Parliament. Provided that the information is disclosed solely for the purposes of welcoming new citizens into the community. A welcome from a local Member of Parliament facilitates future contact between the new citizens and their representatives.Chapter 6 Local Members of Parliament are the elected representatives of the new citizens. local councils are expected to forward. on request. disclosure is permitted if it is either for the primary purpose of collection. This matter is explained in the Australian Citizenship Ceremonies Code.ACIs . and this is made clear to the recipient local Members of Parliament (for example. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . the names and addresses of new citizens to their local Federal. Importantly. Generally.p 113 . the practice is not inconsistent with privacy legislation in the jurisdiction of local government councils.

Local councils should be encouraged to incorporate affirmation ceremonies into citizenship ceremonies.gov. Affirmation ceremonies are voluntary and everyone is welcome to participate. poster and affirmation card can be ordered by STOs and local councils through the citizenship website www.citizenship. No records are kept of those who take part. to publicly affirm their loyalty to Australia and its people.ACIs . no certificate is provided and no proof of Australian citizenship is required.Chapter 6 AUSTRALIAN CITIZENSHIP AFFIRMATION CEREMONIES Australian citizenship affirmation ceremonies provide an opportunity for Australians who wish to do so. Affirmation packs containing an information brochure. They have no legal status.au Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .p 114 . The Australian Citizenship Ceremonies Code sets out the framework for conducting affirmation ceremonies including advice on how best to incorporate affirmation ceremonies into citizenship ceremonies.

Federal Member / Senator for ………………………………………………………………… acknowledge that I have received the Australian Citizenship Ceremonies Code.LETTER OF AGREEMENT Australian Citizenship Ceremonies Code I. ………………………………………………………………………………………….Chapter 6 ATTACHMENT A .ACIs . ……………………………………………… ( Please sign and date) Please forward the signed Letter of Agreement to: Senator Chris Evans Minister for Immigration and Citizenship Parliament House CANBERRA ACT 2601 Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .p 115 . and confirm that I will abide by the requirements for the conduct of citizenship ceremonies set out in the Australian Citizenship Ceremonies Code.

p 116 . Name of the organisation proposing to host the ceremony Contact person within the host organisation Contact postal address Email address Home phone Fax Proposed date and time of the ceremony: Work phone Mobile Please specify significance of the date and check that this date does not fall within a parliamentary sitting period Proposed venue: Preferred number of citizenship candidates: Name and title of the person who will be presiding: Please specify whether this number includes children Please note the presiding officer must be a delegated officer under the Australian Citizenship Act 2007. A letter of support from the head of the community organisation should accompany this form. please indicate this and you will be contacted to discuss options Have you hosted a ceremony before? Please provide details DECLARATION TO BE SIGNED BY HEAD OF THE HOST ORGANISATION: Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .EXPRESSION OF INTEREST TO HOST AN AUSTRALIAN CITIZENSHIP CEREMONY Citizenship ceremonies are public ceremonial occasions which provide an important opportunity to formally welcome new citizens as full members of the Australian community.ACIs . Community organisations may conduct citizenship ceremonies following approval from the Department of Immigration and Citizenship. If you do not have someone in mind.Chapter 6 ATTACHMENT B .

Chapter 6 I ……{insert name}…… confirm that ceremonies conducted by ……{host organisation}………. will be held in accordance with the requirements for the conduct of citizenship ceremonies set out in the Australian Citizenship Ceremonies Code which I have received and read. ……………………………………………… (Please sign and date) Please return this form and your letter of support to: [DIAC STO to insert return details] Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .ACIs .p 117 .

candidates who wish to be conferred citizenship at the proposed ceremony.au. ensure all candidates are informed about appropriate protocols for the citizenship ceremony (for example. Organisers should also: ensure that the ceremony is conducted in a meaningful. dignified. Where this is not possible. it is preferable for your event to be conducted during working hours.AGREEMENT BETWEEN DIAC AND THE PARTY ORGANISING A CITIZENSHIP CEREMONY AGREEMENT BETWEEN THE DEPARTMENT OF IMMIGRATION AND CITIZENSHIP (DIAC) AND THE PARTY ORGANISING A CITIZENSHIP CEREMONY CITIZENSHIP CEREMONY ORGANISER ____________________________(Name of Community-Group/Organisation) Citizenship ceremonies serve to fulfil legal requirements prescribed by the Australian Citizenship Act 2007 and the Regulations. The Code is a guide for local Government councils and community organisations on the procedures for conducting ceremonies. To reflect the significance of the occasion citizenship ceremonies should be formal and meaningful occasions.p 118 .ACIs . outlines the role of those conducting ceremonies and provides a range of practical advice to assist those planning for and conducting ceremonies. Please note in particular that the Minister for Immigration and Citizenship should be invited to all citizenship ceremonies. conducted with dignity and designed to impress upon candidates the responsibilities and privileges of Australian citizenship. particularly the requirement for candidates to make the pledge of commitment. orderly and memorable way with proceedings designed to impress upon candidates the significance of the occasion. dress code. weekday evening events are preferable to weekends. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . source. punctuality etc).citizenship. as far as possible. Invitations should also be sent to: the local Federal Member/s of Parliament a Senator from a different political party to that of the local Federal Member the local Member/s of state/territory parliament and representation from local government. Organisers of citizenship ceremonies should ensure that every aspect of the ceremony is handled with respect and that candidates are aware of what is to transpire so no confusion arises.Chapter 6 ATTACHMENT C . It highlights the legal requirements. CITIZENSHIP CEREMONY ORGANISER RESPONSIBILITIES To ensure that the citizenship ceremony is conducted in accordance with the attached Australian Citizenship Ceremonies Code (the Code). The Code is also available from the Citizenship website at www. If you require DIAC personnel to assist you with your ceremony. SCHEDULING A CITIZENSHIP CEREMONY Community organisations that wish to conduct a citizenship ceremony should approach the local DIAC office to discuss the possibility of hosting such a ceremony 6 months before the planned date of the ceremony.gov.

to introduce guests.ACIs . Departmental officers may also assist your staff in ushering conferees and/or distributing certificates. To provide citizenship certificates for all candidates.p 119 . To process the applications (as far as possible) for the requested number of candidates in time for the ceremony. DIAC RESPONSIBILITIES To assess your capacity for conducting a citizenship ceremony and to provide advice on how to conduct the citizenship ceremony.Chapter 6 Party organising the citizenship ceremony will provide: volunteers who are responsible for registering conferees and providing them with name-tags that correspond with the seating and the order in which certificates are presented ushers who are responsible for ensuring there is minimal noise during the speeches and ceremony and to ensure that conferees stand at the appropriate times during the ceremony a brief to the MC as to what is required of them in their role for example. DIAC will provide: Australian Flag Portrait of the Queen Coat of Arms Dated citizenship certificates Pledge verification list Electoral enrolment forms CD with the National Anthem (+ lyrics) Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . conferees and guests appropriate venue (with power points and a microphone) seating for the conferees (and their children) seating for DIAC staff seating + table for Electoral Commission staff seating for the guests and their children registration staff (1 per 15 people) registration tables (1 per 2 registration staff) colour labels with names and numbers of the conferees (2 sets) staff to put the above labels on the chairs usher for the Minister community Rep to meet and greet the VIPs MC gifts for the conferees (optional) refreshments for after the ceremony (optional) sound system. to explain the ceremony process/program to the participants/guests etc a copy of the ceremony program to DIAC.

All speeches should be in English. Date final program is to be forwarded to DIAC _____________ THE CEREMONY MINISTER: ATTENDING □ NOT ATTENDING □ CONTINGENCY Venue______________ VENUE:___________________ Total number of conferees:______________________________________ Total number of conferees making pledge 1 ______________________ Total number of conferees making pledge 2 ____________________ Time of opening of venue _________________________________________ Time of arrival of conferees (start of the registrations) ___________________ Time of arrival of Minister__________________________________________ Parking for the Minister ___________________________________________ Start time of the official ceremony ________________________________ Time of departure of the Minister____________________________________ Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . The program should be given to all people present at the ceremony.ACIs .Chapter 6 PRE-CEREMONY ACTIVITIES Planned date of citizenship ceremony _______________________________ Planned date of citizenship information session ______________________ Planned date of briefing for MC __________________________________ Date your program is to be finalised and sent to DIAC___________________ Planned date of training for the volunteers/community workers _______________(should be within 2 weeks from the ceremony) No later than 4 weeks prior to the ceremony: The Minister’s office and the DIAC office should be advised of the invitation of the Minister to the ceremony. the confirmed guests list and the name of the presiding officer. No later than 2 weeks prior to the ceremony: A program of the ceremony should be delivered to the DIAC contact person. Speeches should be less than 5 min long. The program should include the approximate time allocated to each speaker.p 120 .

ACIs . I am aware that the citizenship ceremony may be cancelled or re-scheduled if there is a material breach of any of the main requirements of the agreement. Citizenship Ceremony Organiser ___________________________________ Name of representative:___________________________________________ Signature of representative:________________________________________ Contact telephone number:________________________________ Email:_________________________________________________ Witnessed by: Name of DIAC representative:_______________________________ Signature of representative:__________________________________ Contact number:________________________________________ Email:_________________________________________________ Date:___________________________________________________ Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .Chapter 6 SIGNATURES I have read and agreed to conduct the citizenship ceremony in accordance with the Australian Citizenship Ceremony Code.p 121 .

ACIs .. use or disclose this material. In addition.. media releases. which is your personal information....../....….....….Chapter 6 ATTACHMENT D ..... DIAC will not collect.p 122 .. publishing this material and/or disclosing it to other agencies for publication by them.. so that it can use your picture or comments in its promotional material.. which might include your image or comments made during an interview. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .. video and/or interview you.... Postcode:…………… Date:….... These agencies may ask DIAC to provide this material to them so that they can use it in their training materials which are publicly available.INTERVIEW / IMAGE CONSENT FORM The Department of Immigration and Citizenship (DIAC) would like to photograph. DIAC sometimes receives requests from other Commonwealth government agencies to use this kind of material. I have read and understood the above information... training products.. Address:………………………………….... unless you agree.. The purpose of this promotional material is to provide information to the public and promote DIAC’s services and programs. newspaper articles.... please refer to the consent form at page 2 of this document...... website material and television broadcasts... In the consent form./……… Contact details Name:……………………………………………………………..../.. for example in DIAC’s annual report. This material is available to the public./……… Telephone: (W)……………………… (H)……………………… (M)……………………………… E-mail: …………………………………………………..... interviewing you. If you do agree. State/Territory…….. Please note: you provide your consent by signing the consent form where relevant you do not have to consent to all or any of the options on the consent form.. brochures... and there will be no consequences for you if you do not consent.. Signature:…………………………………………………(or parent/guardian if under 18) Date:…...... the Department requests your consent to it taking your photograph..

p 123 . (Some examples of potential uses are listed on page 1./. publish and otherwise make use of the words in current or future promotional material. Signature:…………………………………………………(or parent/guardian if under 18) Date:…. (Some examples of potential uses are listed on page 1.ACIs ..…./……… Media consent I AGREE to have my story/images published in both print and electronic media.. and for DIAC to edit./..…./……… Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . publish and otherwise make use of the photographs or video recording in current or future promotional material./..Chapter 6 Photography / video recording consent I AGREE to being photographed (including still and motion photography formats) without compensation or other rewards../……… Interview consent I AGREE to being interviewed without compensation or other rewards.) Signature:…………………………………………………(or parent/guardian if under 18) Date:…. and for DIAC to edit.) Signature:…………………………………………………(or parent/guardian if under 18) Date:….…..

. Agree .ACIs ./.DIAC may disclose Image Interview □ □ Disagree .p 124 ..Chapter 6 Disclosure consent I understand that DIAC may receive a request from other agencies to use my image or comments made during an interview in publicly available training materials about immigration issues or other purposes.DIAC will not disclose □ □ Signature:…………………………………………………(or parent/guardian if under 18) Date:…. Please indicate below whether you agree or disagree to DIAC disclosing this information.…./……… Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .

The approving officer/office voids in ICSE and destroys accordingly any already requested evidence. is to act as an intermediary between the onshore office and the overseas post. in exceptional circumstances we can also help facilitate an overseas conferral ceremony request for an applicant who was approved in Australia. There is no guarantee that the overseas post will host the ceremony as some overseas posts do not have the capacity or funding to perform conferral ceremonies. the following information outlines the process for offshore ceremony requests: 1. When writing to OCU.gov. Also indicate that you have no objection for the person to attend an offshore ceremony. 8. in Australia or maintain a close and continuing association with Australia” requirement or whether they can attend an offshore ceremony. These decisions need to be made by the approving officer or the approving office. we only facilitate the actual printing of the dated evidence and forward it to the relevant post. clearly record this in ICSE as a "client note" and in the citizenship assessment checklist. 3. the approving officer/office must re-assess if the person is still “likely to reside. The OCU will then contact the relevant post and ask them if they are prepared to conduct the ceremony for the person in question. 5.Chapter 6 ATTACHMENT E. or to continue to reside. in relation to a request for an overseas conferral ceremony. The approving officer/office must then email the OCU (Dandenong. in Australia or maintain a close and continuing association with Australia”. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 .OVERSEAS CEREMONY PROCEDURES The Overseas Citizenship Unit (OCU) in the Dandenong Regional Office processes applications for conferral of Australian citizenship that are lodged offshore. Before the OCU can proceed with the person's request for a citizenship ceremony overseas. If the post is in a position to hold this ceremony. The OCU’s role. The approving officer/office changes the Ceremony Preference to Dandenong Regional Office (Conferral Office)/Case Transfers . For your reference. Do not Transfer or Refer the case/application in ICSE to the OCU or Dandenong Regional Office. 2.ACIs . If you are satisfied that the person still meets this requirement. the applicant must first attempt to attend an onshore ceremony. the OCU will send it to the overseas post via diplomatic bag. When the OCU receives such requests. we proceed with requesting dated evidence once the ceremony date has been scheduled by the post.Dandenong (Conferral Body). Generally. The person should first attempt to attend a ceremony onshore. Once the dated evidence is printed. Indicate what evidence was provided by the client to satisfy this requirement. 7. However. you may consider cancelling the approval under s25(2)(b)(ii). from either a client or an onshore DIAC office.au). The approving officer/office up-dates and records in ICSE the person’s overseas contact details (address and telephone numbers). 4. or to continue to reside. always provide the person's ICSE ID details. advising that the above steps have been completed and at which overseas post the person wishes to attend the ceremony.ocu@immi. The OCU DO NOT decide whether the person still satisfies the “likely to reside. If you are not satisfied that this requirement is met.p 125 . ICSE should indicate that the person has attempted to attend either a council ceremony or an urgent Departmental ceremony. 6.

we will then proceed with requesting the dated evidence once the ceremony date has been scheduled by the overseas post. or to continue to reside. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 6 . in Australia or maintain a close and continuing association with Australia” requirement and that there is no objection for the person to attend a ceremony overseas.p 126 . You should approve requests for an offshore citizenship ceremony ONLY in exceptional circumstances when satisfactory arguments and evidence are provided by the person Once the OCU has been advised that the approving officer/office is satisfied that the person meets the “likely to reside.ACIs .Chapter 6 Note: All persons who lodged their applications in Australia and were approved for conferral of citizenship in Australia are required to attend their ceremony onshore.

Chapter 7 CHAPTER 7 .ACIs .p 127 .RESUMING CITIZENSHIP This chapter comprises: Overview of Chapter 7 Eligibility Application requirements Decision making. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 .

Subdivision C of the Act covers the circumstances in which a person may resume their Australian citizenship after having ceased to be a citizen under the Act or the old Act. Division 2. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 .Chapter 7 OVERVIEW OF CHAPTER 7 Part 2.p 128 .ACIs .

p 129 . Responsible parent is defined in s6 of the Act (see Chapter 1 . or to avoid significant hardship or detriment. or s35 (service in armed forces of enemy country). CESSATION UNDER OLD ACT See Chapter 8 Attachment A .Preliminary and definitions). Some people who renounce their Australian citizenship do so for reasons other than to retain or acquire another citizenship.Cessation of Australian citizenship. CESSATION UNDER THIS ACT Section 33 provides for a person to renounce their Australian citizenship. Under s29 former citizens may resume their citizenship if they ceased to be a citizen: because they acquired another citizenship because they renounced their citizenship to acquire or retain another citizenship or to avoid significant hardship or detriment because a parent ceased to be a citizen or by residence outside Australia before 8 October 1958.ACIs . s34 (revocation by Minister). If the applicant is 16 years of age or younger a responsible parent must sign the application form.Cessation of Australian citizenship.Chapter 7 ELIGIBILITY This part comprises: Cessation under this Act Cessation under old Act. People who renounce their citizenship for other reasons are not eligible to resume their citizenship. People who renounced their citizenship for other reasons are not eligible to resume their citizenship. See Chapter 8 . Some people who renounced their Australian citizenship under the old Act did so for reasons other than to retain or acquire another citizenship. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 .Cessation of Australian citizenship. People aged 18 or over must be of good character. or to avoid significant hardship or detriment.see Minister’s decision (s30). Decision makers must also ensure there are no prohibitions on approval . Section 36 provides for the revocation of a child’s citizenship following the cessation of citizenship of the child’s parent under s33 (renunciation).Historical provisions . See Chapter 8 .

under the age of 16. if any official evidence of name change (if applicable) evidence of acquisition of a foreign citizenship overseas penal certificates if required .see Overseas penal clearance certificates if applicant did not renounce their Australian citizenship. who makes an application at the same time and on the same form as a responsible parent (currently ‘Nil’).p 130 . Section 46 prescribes that applications must: be on the form approved by the Minister contain the information required by the form be accompanied by any other information prescribed by the regulations and be accompanied by a fee (if any) prescribed by the regulations.Preliminary and definitions. The applicant should also be advised to provide any existing Australian Citizenship certificates. Responsible parent is defined in s6 of the Act. The approved form provides for children under the age of 16 years to be included in a responsible parent’s application. In Australia. 13). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 . evidence that they held another citizenship when the responsible parent lost their citizenship and evidence that the responsible parent ceased to be an Australian citizen. evidence of acquisition of foreign citizenship (naturalisation certificate or a statement from the authorities of the other country stating how and when the applicant acquired the citizenship of that country). information and documents not in English must be accompanied by an official translation. If the applicant thinks they lost their citizenship as a child as a result of the actions of a parent. Item 16 of Schedule 3 prescribes the fee payable by a child.Chapter 7 APPLICATION REQUIREMENTS This part comprises: Information and documents to accompany applications (reg 12) Fees to accompany application (reg 12A) Refund of fees (reg. if born in Australia passport held. For overseas lodged applications the current guidelines for translations in that post apply. If an applicant is under 16 years of age a responsible parent must sign the application form. issued when they initially became an Australian citizen.ACIs . INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATIONS (REG 12) Under reg 12. The following documents should support the application: full birth certificate. an application to resume Australian citizenship must be accompanied by the fee mentioned in item 17 of Schedule 3. translations should be done by National Accreditation Authority of Translators and Interpreters (NAATI) accredited translators. The approved form for applications for resumption of Australian citizenship is Form 132 “Becoming an Australian citizen again . see Chapter 1 .Application to resume Australian citizenship”. to the Department to be destroyed and voided on the Department’s data storage systems (ICSE). FEES TO ACCOMPANY APPLICATION (REG 12A) Under reg 12A.

they must be refunded the amount specified by the regulations in force at the time the fee was paid.p 131 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 .Chapter 7 REFUND OF FEES (REG. 13) If an applicant paid a fee in connection with an application for citizenship (see s46) and is subsequently entitled to a refund.ACIs .

their details must be registered in the Department’s data storage system in accordance with the reg 9. They must also be given notice of the decision. if a person is approved to become an Australian citizen again. If the applicant is stateless and was born outside Australia to an Australian citizen parent. If the applicant is stateless and was born in Australia. Identity (s30(3)) No further guidance is necessary.Chapter 7 DECISION MAKING This part comprises: Minister’s decision (s30) Registration (s31) Day citizenship begins again etc (s32) Same kind of citizenship Notification of decision (s47) Review of decisions (s52). If ASIO has issued an adverse security assessment or qualified security assessment against the applicant.ACIs . the application would generally be approved. These circumstances relate to: identity and national security. If an applicant meets the eligibility requirements and there is no prohibition on approval. See Notification of decision (s47). Such an assessment will be made where the applicant is a direct or indirect risk to the security of Australia. s30(6) and s30(7)) All cases concerning national security must be referred to the Citizenship Help Desk. REGISTRATION (S31) Under s31. an application for citizenship must not be approved if the applicant: has been convicted of national security offence or has been convicted of an offence (in Australia or overseas) and sentenced to a period of imprisonment for at least 5 years. Note: There is a discretion for the Minister to approve an application if it would be unfair to refuse it on the basis of the person’s conviction (see s30(7)). There are a number of circumstances where an application to become an Australian citizen again must not be approved. an application for citizenship must not be approved if the applicant has been convicted of a national security offence. an application to resume citizenship must not be approved unless the applicant is stateless (see below). MINISTER’S DECISION (S30) An application for resumption of citizenship must be approved or refused. National security (s30(4).p 132 . s30(5). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 .

the person becomes a citizen by conferral. REVIEW OF DECISIONS (S52) Under s52(1) a decision to refuse an application to resume Australian citizenship can be reviewed by the AAT. For example.Chapter 7 DAY CITIZENSHIP BEGINS AGAIN ETC (S32) Under s32 a person becomes an Australian citizen again on the day the application is approved. the person again becomes a citizen by descent.p 133 . SAME KIND OF CITIZENSHIP The kind of citizenship resumed is the same as the kind held before it was renounced. if the person was an Australian citizen by descent. If the person was an Australian citizen by grant under the old Act. the notice must include the reasons for the decision and advice that they have a right to have this decision reviewed by the AAT. for example. If the decision is a refusal. However. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 7 . NOTIFICATION OF DECISION (S47) Under s47 a person must be given notice of the decision on their application. a former citizen could acquire a different kind of citizenship if they successfully applied for that other kind and met the relevant requirements. a former citizen by descent applying for citizenship by conferral.ACIs .

Historical provisions .Cessation of Australian citizenship.ACIs .p 134 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 .CESSATION OF AUSTRALIAN CITIZENSHIP This chapter comprises: Overview to Chapter 8 Eligibility Application requirements Decision making Chapter 8 Attachment A .Chapter 8 CHAPTER 8 .

where a responsible parent ceases Australian citizenship. A person who is outside Australia when they cease to be an Australian citizen does not hold a visa. only people who were citizens by descent under the old Act became citizens by descent under the new Act. This is consistent with Australia’s international obligations in regard to the Universal Declaration of Human Rights and the Convention on Rights of the Child in relation to arbitrary deprivation. Cessation of a child’s citizenship. as a result of the Minister revoking their citizenship. is discretionary. If a person never met the criteria in the old Act because they did not have a parent who was an Australian citizen at the time of their birth. no need to consider cessation of citizenship because the person was never a citizen and Departmental records can be amended to reflect the legal reality. They would need to successfully apply for a visa if they intend to travel to Australia. There is. or by serving in the forces of a country at war with Australia.Chapter 8 OVERVIEW TO CHAPTER 8 Part 2. The circumstances in which a person can resume their Australian citizenship are set out in Chapter 7 Resuming citizenship. A person may cease to be an Australian citizen by renouncing their citizenship.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . A person who is in Australia when they cease to be an Australian citizen will automatically (by operation of law under s35 of the Migration Act) hold an ex-citizen visa. therefore.p 135 . The ex-citizen visa is a permanent visa giving permission to remain in Australia but does not include permission to return to Australia for which a Resident Return Visa (RRV) is required. Division 3 of the Act outlines the circumstances in which a person can cease to be an Australian citizen. the person was never an Australian citizen and would not have become a citizen under the new Act. Under the transitional arrangements for the new Act.

No further guidance on s33 is necessary.Chapter 8 ELIGIBILITY Section 33 makes provision for the renunciation of Australian citizenship.ACIs .p 136 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 .

information and documents not in English must be accompanied by an official translation. an application to the Minister to renounce the person’s Australian citizenship must be accompanied by the fee mentioned in item 18 of Schedule 3. The following documents should support the application: full birth certificate passport held. See below for details of the provisions for revocation of the citizenship of children of parents who cease to be citizens. In Australia. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATIONS (REG 12) Under reg 12. Separate application is not required because cessation of a child’s citizenship when a responsible parent ceases to be a citizen is by revocation and is discretionary.p 137 .ACIs . if any official evidence of any name change evidence that the applicant is a national or citizen of a foreign country at the time of application or evidence that the applicant was born or is ordinarily resident in a foreign country and will be entitled under the law of that country to acquire the nationality or citizenship of that country after they cease to be an Australian citizen. The form allows for details to be provided of any children of the applicant who the applicant would like to cease to be citizens if the applicant ceases to be a citizen. FEES TO ACCOMPANY APPLICATIONS (REG 12A) Under reg 12A. APPLICATION REQUIREMENTS (S46) The approved form for applications for renunciation of Australian citizenship is Form 128 “Application for renunciation of Australian citizenship”. translations should be done by National Accreditation Authority of Translators and Interpreters (NAATI) accredited translators.Chapter 8 APPLICATION REQUIREMENTS This part comprises: Application requirements (s46) Information and documents to accompany applications (reg 12) Fees to accompany applications (reg 12A).

Policy is that evidence the applicant is a citizen of another country should include a statement from a relevant government representative that the person is a citizen of that country or.Chapter 8 DECISION MAKING This part comprises: Minister’s decision (s33) Time citizenship ceases (s33(8)) Notification of decision (s47) Revocation by Minister (s34) Service in armed forces of enemy country (s35) Children of responsible parents who cease to be citizens (s36) Review of decisions (s52(1)). These sections are: “(1A) a person is taken to have obtained a certificate of Australian citizenship as a result of migration Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . TIME CITIZENSHIP CEASES (S33(8)) Under s33(8) if the Minister approves a person renouncing their Australian citizenship. the application must be approved unless s33(5) applies. (6) and (7).ACIs . the notice must include the reasons for the decision and advice that they have a right to have this decision reviewed by the AAT. NOTIFICATION OF DECISION (S47) Under s47 a person must be given notice of the decision on their application. A “reasonable period” would be that which is reasonable in all the circumstances of the case allowing for processes required by the country of acquisition such as processing of an application or attendance at a ceremony. that the person will acquire the citizenship of that country on renunciation of Australian citizenship. The term “immediately after” should not be interpreted literally. If an applicant meets the requirements in s33(3). If the decision is a refusal. All cases of revocation must be referred to Citizenship Law and Policy Section. and there is no prohibition on approval under s33(4). It is sufficient that the person would acquire another nationality or citizenship within a reasonable period after ceasing to be an Australian citizen. MINISTER’S DECISION (S33) Under s33 an application must be approved or refused. The citizenship of people who applied for citizenship under the old Act between 10 April 1997 and 30 June 2007 can be revoked for migration related fraud only within the meaning of s21(1A) and (1B) of the old Act. Decisions can only be made by the Minister. the person ceases to be an Australian citizen at the time of the approval.p 138 . REVOCATION BY MINISTER (S34) The power to revoke a person’s citizenship under s34 has not been delegated. if the person was born or is ordinarily resident in a foreign country.

ACIs . 134. 135.Chapter 8 related fraud if and only if: (a) at any time (including a time after the grant of the certificate) the person was convicted of an offence against section 234. or if revocation would result in the child becoming stateless.1.1 of the Criminal Code. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . CHILDREN OF RESPONSIBLE PARENTS WHO CEASE TO BE CITIZENS (S36) Under s36 a child’s Australian citizenship may be revoked if the child has a responsible parent who ceases to be an Australian citizen by renunciation.2. the commencement of this Act.p 139 . 135. SERVICE IN ARMED FORCES OF ENEMY COUNTRY (S35) No further guidance on s35 is necessary. The Citizenship Help Desk must be contacted in all cases where consideration is being given to exercising the Minister’s discretion to revoke a child of their Australian citizenship. that was committed at any time before the grant of the certificate (including a time before the making of the application). or section 134. Citizenship ceases at the time the decision is made revoking the child’s citizenship.1. 135. 243 or 244 of the Migration Act 1948. and (b) the act or omission that constituted the offence was connected with the persons entry into Australia or the grant to the person of a visa or of a permission to enter and remain in Australia. A child’s citizenship cannot be revoked while the child has another responsible parent who is an Australian citizen.4 or 136. 236.2. (1B) Section (1A) does not apply to a person in respect of an offence if the Minister is satisfied that the act of omission that constituted that offence was not in any way (whether directly or indirectly) material to the person becoming a permanent resident. revocation or service in the armed forces of an enemy country.” The third-party fraud provisions apply only to people who applied on or after 1 July 2007. REVIEW OF DECISIONS (S52(1)) Section 52(1) provides that a decision under s36 to revoke a person’s Australian citizenship may be made to the AAT.

claim unemployment benefits etc) is irrelevant (Gugerli Federal Court case). Changes of intention subsequent to performing the relevant act or thing are irrelevant. vote. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . s17 contained an element of intention to acquire a foreign citizenship and established a link between the cause and effect of the act in question. From 22 November 1984. hold a licence etc does not mean that the “sole or dominant purpose” was other than the acquisition of that citizenship. to obtain resident status). A person may have ceased to be an Australian citizen under the old Act.Chapter 8 CHAPTER 8 ATTACHMENT A . The element of intention (purpose) also means that s17 did not apply to a person who mistakenly thought they were applying for recognition of an existing citizenship (Gugerli Federal Court case).repealed on 8 October 1958 Burma . Before 1 December 1973. the incidental acquisition of another citizenship or nationality as the result of doing an act or thing for another purpose (for example. Where a person acquired the citizenship of another country on or after 22 November 1984.p 140 . a person was ‘of full age’ if they were 21 or over.HISTORICAL PROVISIONS CESSATION OF AUSTRALIAN CITIZENSHIP This part comprises: s17 .REPEALED ON 4 APRIL 2002 The provisions applied to people 21 years of age and over until 30 November and on and from 1 December 1973 to people aged 18 years and over. The motive for acquiring the foreign citizenship (eg to work. the citizenship of another country will usually find it difficult to establish that the “sole or dominant purpose” of the act of applying was other than to acquire that citizenship. PEOPLE WHO DID NOT CEASE THEIR CITIZENSHIP UNDER S17 Examples of circumstances in which an Australian citizen acquired another citizenship and did not lose their Australian citizenship: After 22 November 1984.ACIs . an assessment needs to be made on whether the “sole or dominant purpose” of the person’s actions was to acquire the other citizenship.repealed on 4 April 2002 People who did not cease their citizenship under s17 s20 . After this date. a person was ‘of full age’ if they were 18 or over. Those who voluntarily applied for. S17 .4 January 1948 Papua New Guinea Independence Children whose responsible parent ceased to be an Australian citizen. and subsequently acquired. Before 22 November 1984. an adult ceased to be an Australian citizen if they were outside Australia and acquired the citizenship of another country by some voluntary and formal act other than marriage. The fact that the reason behind the application was so that they would be eligible to obtain employment. Automatic re-acquisition of Italian citizenship by Italian born Australians after one year of continuous uninterrupted residence in Italy with resident status. The key question is: “At the time they did the act or thing which resulted in the acquisition of the foreign citizenship. was their sole or dominant purpose to acquire that citizenship?” Purpose is not to be equated with motive.

identity card. or other evidence of a citizenship of a country other than Australia. CHILDREN WHOSE RESPONSIBLE PARENT CEASED TO BE AN AUSTRALIAN CITIZEN A child may have ceased to be an Australian citizen under s23 of the old Act if a responsible parent ceased their Australian citizenship under s17 between 26 November 1949 and 3 April 2002 (the date of repeal of s17) or under s18 (renunciation).4 JANUARY 1948 Burmese citizens domiciled in the Commonwealth on 4 January 1948 who did not make a declaration electing to remain a British subject.ACIs . as specially approved by the Minister and/or they were abroad in the service of an Australian government. the person should be advised that they may be eligible to apply to become an Australian citizen again. PAPUA NEW GUINEA INDEPENDENCE Australian citizens who automatically acquired Papua New Guinea citizenship on 16 September 1975 may have ceased their citizenship under s17 . Exercise of an entitlement to a travel document.2 June 1959) provided that citizenship of the United Kingdom and Colonies was not acquired at the same time. within the seven years. BURMA . by a person who is a dual national of both Australia and that country. Acquisition of another nationality or citizenship automatically solely as a result of marriage. of absences from Australia from 1949 to 1958 need to be considered. Where there are doubts as to whether a person has ceased their Australian citizenship under s17.see Chapter 15 . the length. and if necessary the purpose. s19 (service in armed forces of an enemy country) or s21 (deprivation) and: Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . S20 . unless: they had given notice of intention to retain citizenship during the second and each subsequent year of their absence or at such other times. an international organisation (of which Australia was a member) or an Australian employer or they were a minor residing with their responsible parent or guardian who was an Australian citizen.People born in Papua New Guinea. If an absence of 7 years or more occurred during this period. Where an absence was for less than a full period of 7 years before 8 October 1958.18 April 1980).REPEALED ON 8 OCTOBER 1958 Australian citizens by registration or naturalisation automatically ceased to be Australian citizens if they were outside of Australia and New Guinea for a continuous period of 7 years between 26 January 1949 and 8 October 1958. Acquisition of Singaporean citizenship during the period of internal self-government (1 November 1957 . the person would not have ceased Australian citizenship under s20. Where it is clear that a person has ceased Australian citizenship under s17. If a person holds a Certificate of Naturalisation or a Certificate of Registration. or Australian citizen. the matter should be referred to the Citizenship Help Desk for advice.Chapter 8 Acquisition of Rhodesian citizenship during the period of the Unilateral Declaration of Independence (11 November 1965 . the ACT and Regions Office should be asked to check compliance with the s20 requirement for an annual notice of intention to retain Australian citizenship. This does not include where the person was required to apply for that citizenship. may have lost their British subject status.p 141 .

in most cases.ACIs .p 142 . was the father and the child was aged under 18 when the parent ceased to be an Australian citizen (or aged under 21 before 1 December 1973) and immediately after the parent ceased to be an Australian citizen. the child became a national or citizen of another country.Chapter 8 the child did not have another responsible parent who was an Australian citizen (this requirement only applied in cases where s18 operated on or after 22 November 1984) and prior to 22 November 1984. there was only one responsible parent who. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 8 . The child’s other citizenship does not need to be the same as that of the relevant responsible parent.

p 143 .EVIDENCE OF AUSTRALIAN CITIZENSHIP This chapter comprises: Overview to Chapter 9 Application requirements Attachment A to Chapter 9 .ACIs .Documents required to support name change Attachment B to Chapter 9 .Chapter 9 CHAPTER 9 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 .Types of evidence issued since federation.

all evidence given under the Act will be in the same form. EVIDENCE OF AUSTRALIAN CITIZENSHIP (S37) A finding of fact can be made on whether a person is in fact an Australian citizen and can be given a notice stating that the person is an Australian citizen under s37(2). Others become citizens by conferral or resumption and if so the details of acquisition will be recorded in the Department’s database systems. The notice must be in a form prescribed by the regulations and contain any matters prescribed by the regulations.ACIs . if so. National Office. as from 15 September 2010. The decision maker should ask the parent to provide evidence of the length and nature of the relationship with the child. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 . and also an Australian citizen/permanent resident.Cessation of Australian citizenship.p 144 . A notice issued under the Act is prima facie evidence that the person whose name and date of birth appears on the notice acquired Australian citizenship on the specified date. Must be satisfied of the identity Section 37(4) requires that evidence of Australian citizenship must not be given unless the decision maker is satisfied of the identity of the person. and that the Minister may give a person notice that they are an Australian citizen at a particular time. Part 2. and the decision maker is satisfied that the person is the child’s biological parent. See Form of notice (reg 10) for more information. and was an Australian citizen on the date the notice was issued. Many Australian citizens acquire citizenship automatically .see Chapter 8 . Processing applications for evidence of Australian citizenship. With effect from 1 July 2007. the Australian community expects that decision makers will not approve a person for citizenship or give evidence of citizenship where they are not satisfied of the person’s identity. as well as evidence of the length and nature of the relationship with the biological parent of the child. In addition to being a legislative requirement under the ACA. for children born in Australia to Australian citizen/permanent resident parent Applications for evidence of Australian citizenship for children born in Australia to Australian citizen/permanent resident parent. and subsequently applies for a certificate of evidence of Australian citizenship. Some people who were citizens subsequently ceased to be citizens and. In cases where a person is born in Australia to a biological parent who is an Australian citizen/permanent resident. Division 4 of the Act covers evidence of Australian citizenship.Chapter 9 OVERVIEW TO CHAPTER 9 This part comprises: Evidence of Australian citizenship (s37) Form of notice (reg 10).Automatic acquisition of citizenship.see Chapter 2 . current procedures remain in place. Applications for citizenship by conferral and for resumption of citizenship are also applications for evidence of Australian citizenship. should be sent to Citizenship Policy Section. via the Citizenship Help Desk for decision. The Act refers to an application for “evidence” of Australian citizenship. the details of the cessation of citizenship may or may not be recorded in the Department’s database system . where it would appear that the Australian citizen/permanent resident parent is a non biological parent. Any person can apply for evidence of their Australian citizenship.

see section Investigation of possible offences. the “identity test” is specific to the ACA and decision makers must turn their minds to it. Where there is doubt about the person’s identity. The necessary security and criminal checks will have taken place under the identity the person provided to the Department at that time. In reaching a finding of fact about the person’s identity. This information will feed into the finding of fact about the person’s identity under s37(4) of the ACA. changes to personal/biographic details are minimal and genuine. it could mean recalling files. the addition or subtraction of a letter to a name. However. It is open to decision-makers to refer documents to the document examiner or the relevant overseas post where clarification is sought about the authenticity of the documents.ACIs . This list is in no way exhaustive and decision makers are to be guided by the circumstances of each case.see Attachment A to Chapter 9 . Reaching a finding of fact about identity may. the personal/ biographical and personal identifiers they provided were accepted as evidence of their identity. are to refer the case to the Citizenship Help Desk.Chapter 9 Identity is critical to a finding as to whether a person is in fact an Australian citizen and the decision maker is to ensure that the evidence is issued in the person’s current legal identity. In most instances. for instance. the case is to be referred to Investigations to ensure that there have been no offences under s50 of the ACA. all in all ensuring that the person and identity applying for evidence are consistent with the person who applied for and was approved for citizenship. on occasions. unless there was evidence to the contrary. Decision makers who consider that a person who is applying for evidence of citizenship has amended/ is amending their personal information to a point where there is a change of identity. Where a decision maker considers that the person has reverted to a former identity that the person had prior to applying for citizenship and they believe that fraud may be involved. As indicated above. Change of personal details and a finding of fact about identity Decision makers are to take into account the change of a person’s details where they have had their records (for instance name and/or date of birth). amended under the FOI Act or by a state/territory registrar of births deaths and marriages . This is a very high bar and decision makers are to ensure that their decisions are in accordance with this legislative requirement. It is preferable that decision makers obtain such information from the applicant at interview. take some time. Officers and decision makers are to bear in mind that our client group come from various and differing backgrounds and the interviews are to be conducted in a sensitive and appropriate manner.Documents required to support name change.p 145 . A decision maker could call for the person’s immigration files where they suspect that there may have been some offence under s50 of the ACA . When a person applied for citizenship. a change to personal/biographical data is a serious matter where the change leads to a different identity. checking personal identifiers. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 . decision makers are expected to consider issues such as: the reason that the person provided the original personal information relating to their identity when they applied for citizenship the reason for changing their personal information whether the person has had any other amendments such as dates of birth/names and the reasons for those changes the documentation that was provided to support the change of personal information.

on the planned date details on the notice are inaccurate the person has ceased to be an Australian citizen the notice has been defaced/altered.p 146 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 .ACIs . and the parent’s evidence is still in use by the parent the evidence should not be cancelled but a note placed on the Department data storage system. the notice which has been cancelled must be destroyed in accordance with Chief Executive Instruction 17 “Accountable Documents and Securities”. if the person applying for a new notice was included on a parent’s evidence of citizenship (a citizenship certificate). and as a result did not become a citizen. and would usually be cancelled in the following circumstances: a new notice is to be issued to the person the person did not make a pledge.Chapter 9 FORM OF NOTICE (REG 10) Cancellation A notice which is evidence of citizenship is an accountable document. Cancellation of a notice must be recorded in the Department’s data storage system and. wherever possible. However.

If an applicant is under 16 years of age a responsible parent must sign the application form. Responsible parent is defined in s6.Chapter 9 APPLICATION REQUIREMENTS This part comprises: Application requirements (s46) Information and documents to accompany applications (reg 12) Fees to accompany application (reg 12A) Refund of fees (reg 13) Altering evidentiary notice (s39). an application for evidence of Australian citizenship must be accompanied by the fee mentioned in item 20 of Schedule 3 unless that application is made at the same time and on the same form as an application: to become an Australian citizen (form1300t/1290) or to resume Australian citizenship (form 132).Other situations Form 1300t Application for Australian citizenship by conferral . translations should be done by National Accreditation Authority of Translators and Interpreters (NAATI) accredited translators. if any other identification documents which include a signature. driving licence and credit card/utilities bill) official evidence of any name change. INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATIONS (REG 12) Under reg 12. The approved forms for applications for evidence of Australian citizenship are: Form 119 Application for evidence of Australian citizenship Form 1290 Application for Australian citizenship by conferral . photograph and current address (for example.ACIs . see Chapter 1 .Preliminary and definitions. FEES TO ACCOMPANY APPLICATION (REG 12A) Under reg 12A. In Australia.p 147 . information and documents not in English must be accompanied by an official translation. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 .General eligibility and Form 132 Becoming an Australian citizen again .Application to resume Australian citizenship. APPLICATION REQUIREMENTS (S46) Applications must: be on the form approved by the Minister contain the information required by the form be accompanied by any other information prescribed by the regulations and be accompanied by a fee (if any) prescribed by the regulations. The following documents should support the application: an endorsed passport size photograph full birth certificate of the applicant or its equivalent passport held. The application must be made in the current legal name of the applicant.

p 148 . A notice which is incorrect may be cancelled and replaced.ACIs .Chapter 9 REFUND OF FEES (REG 13) The citizenship application fees increased on 1 July 2009. State/territory officers should ensure that all local government authorities within their area are aware that alterations must not be made. If an applicant paid a fee in connection with an application for citizenship (see s46) before 1 July 2009 and is subsequently entitled to a refund. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 . ALTERING EVIDENTIARY NOTICE (S39) Under s39 it is an offence to alter a notice which is evidence of Australian citizenship. If a local government authority is asked to amend an evidence of citizenship. they must advise the person to contact the Department. Alterations detected must be referred to an officer of at least Executive level 1 for further action. they must be refunded the amount specified by the regulations in force at the time the fee was paid. including by amendment or endorsement.

DOCUMENTS REQUIRED TO SUPPORT NAME CHANGE REASON FOR NAME CHANGE Marriage DOCUMENTATION WHICH IS REQUIRED TO BE PROVIDED Marriage certificate issued by an Australian RBDM. Divorce Australian divorce certificate issued by the Family Court. Death certificate issued by an Australian RBDM and. Note: Overseas divorce certificates are not acceptable evidence of a change of name. full birth certificate or marriage certificate issued by an Australian RBDM. Medical certificate stating that the person had undergone a complete gender reassignment or change of details certificate . Anglicisation of a name Change of spelling of a name Change of name for any other personal reasons Death of spouse Change of name certificate from an Australian RBDM or. Clients who have married overseas and wish to have evidence of citizenship in their married name must obtain an official change of name certificate from an Australian RBDM. if necessary. Gender reassignment Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 . and wish to have evidence of citizenship in another name must obtain an official change of name certificate from an Australian RBDM.ACIs .p 149 . if client registers change of name with the RBDM in the state/territory in which they were born.see Chapter 6 of the Citizenship Processing Manual. a new full birth certificate which shows both the birth name and new name.Chapter 9 ATTACHMENT A TO CHAPTER 9 . Clients who were divorced overseas. Note: Marriage certificates issued by marriage celebrants or religious leaders and overseas marriage certificates are not acceptable.

Married person without children affected by naturalization. with particulars of parents’ citizenship and of child’s birth and residence in Australia.Chapter 9 ATTACHMENT B TO CHAPTER 9 .31/12/1920 2A Series 3C Series Names of children not included on certificate. Child (under 21) became naturalized by reason of father’s naturalization if he resided here at any time during infancy and during currency of Act. widows and widowers without children affected by Naturalization. Married applicants with children to be included. Persons locally naturalized under previous legislation. 1 January 2011 Chapter 9 . (Could include children). It made no difference whether born before or after father’s naturalization.19/9/1917 Names of children not included.31/3/1937 1/1/1921 .Now the Australian Citizenship Act 1948 Changes since 1 July 2007 Effect of naturalization of husband upon married women between 1/1/1921 and 25/1/1949.p 150 Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office .TYPES OF EVIDENCE ISSUED SINCE FEDERATION IDENTIFICATION OF TYPES OF EVIDENCE ISSUED SINCE FEDERATION This part comprises: Naturalization Act 1903-1917 Nationality Act 1920-1946 Nationality and Citizenship Act 1948 .31/3/1937 To whom issued Single persons and divorcees. Naturalization Act 1903-1917 (A) Series Numerical only 1/1/1904 . Nationality Act 1920-1946 Series AA BB CC D E Dates of issue 1/1/1921 . * Note: Claims of citizenship on these grounds are to be referred to the Citizenship Help Desk. Child automatically became naturalised provided he was an infant (under 21 years) at time of father’s naturalization and has resided in Australia as an infant (and of course prior to the repeal of the Act).ACIs . Naturalization Act 1903 .20/9/1917 to 31/12/1920 Numerical carried over from Act of 1903 20/9/1917 .31/3/1937 1/1/1921 .1/1/1904 to 19/9/1917 (B) Series (1) Naturalization Act 1903-1917 .31/3/1937 1/1/1921 .31/3/1937 1/1/1921 . Persons with respect to whose nationality as a British subject a doubt existed.

Any person without children affected by naturalization.31/3/1937 1/1/1921 . Certificates of Naturalization 26/1/1955 .25/1/1949 1/4/1937 .25/1/1965 For issue to applicants without children to be included. Same as type F above.31/3/1937 1/4/1937 .25/1/1949 1/4/1937 .Chapter 9 Series F G A(1) A(NG) A(2) B C D E Dates of issue 1/1/1921 . For issue to male applicants with children included.25/1/1949 13/8/1946 .Now the Australian Citizenship Act 1948 Series (A) E(1) E(2) D&F EA (B) C(1) C(2) (C) EM(1) EF(1) EM(2) EF(2) Dates of issue To whom issued Certificates of Naturalization for Issue to Aliens 26/1/1949 . It should be noted that during currency of Nationality Act 1920-1946 only children whose names were actually included on parent’s certificate became naturalized.4/2/1970 26/1/1955 . See also notes on Effect of naturalization of husband upon married women between 1/1/1921 and 25/1/1949.ACIs . 1 January 2011 Chapter 9 . For issue to applicants with children under 21 years to be included.25/1/1955 26/1/1949 . Inclusion took place (a) at time of issue or (b) by subsequent endorsement.25/1/1949 To whom issued Minor children Natural-born British subject whose husband was an enemy alien.25/1/1955 26/1/1949 . (D) CM(1) CF(1) Certificates of Registration 26/1/1965 . Same as type D above. Same as type E above.25/1/1955 26/1/1949 .4/2/1970 26/1/1965 .25/1/1949 1/4/1937 .25/1/1949 1/4/1937 .4/2/1970 26/1/1955 .4/2/1970 26/1/1955 . Applicants with children to be included. Residents of New Guinea.25/1/1949 1/4/1937 . Nationality and Citizenship Act 1948 . Same as type G above. For issue to females without children.4/2/1970 Issued to applicants without children Issued to applicants with children under 21 years to be included Issued to cases of doubt Certificates issued to minors (under 16 years) Registration Certificates for Issue to British Subjects and Irish Citizens 26/1/1949 . Certificate in case of doubt continued to be issued.p 151 Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office .25/1/1965 26/1/1949 .4/2/1970 For issue to male applicants without children For issue to female applicants without children.4/2/1970 For issue to males without children. For issue to female applicants with children included.

16 years) or anyone excluded from taking an oath or making an affirmation of allegiance. Issued to female aliens with children included.30/11/1973 5/2/1970 . Issued to male British subjects with children included. If children were included. As from 1/12/1973 British and aliens were placed on the same footing.30/9/1976 Certificates of Citizenship issued 1/10/1976 to 27/11/1980 1/10/1976 . Issued to male British subjects. AC(S) AC(M) (H) CA(1) CA(2) CA(M) (I) 1/12/1973 .30/11/1973 5/2/1970 .30/11/1973 Issued to male aliens.30/11/1973 5/2/1970 .30/9/1976 Issued to all applicants over 16 years of age regardless of whether British or alien or whether children to be included. Issued to minors.30/11/1973 5/2/1970 . Provision made on reverse side to include children. (G) AC(G) Certificates of Citizenship Issued 1/2/1973 to 30/9/1976 1/12/1973 .30/9/1976 1/12/1973 . Act No.p 152 Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office . The Australian Citizenship Act 1948-73 The Australian Citizenship Act 1973 changed the title of the Principal Act to the Australian Citizenship Act 1948.27/11/1980 1/10/1976 .30/11/1973 5/2/1970 . Issued to male aliens with children included. Issued to people when children under 16 included. Note: Up to 10/5/1955 Children under the age of 21 years were included on certificates of naturalization and registration.30/11/1973 5/7/1970 .4/2/1970 To whom issued For issue to males with children included. Certificates of Citizenship Issued 28/11/80 to 30/9/84 1 January 2011 Chapter 9 .30/11/1973 5/2/1970 . Issued to female British subjects. a facsimile signature of the Minister was added by rubber stamp. Issued to minors (u. Issued to female aliens. For Issue to females with children included. Issued to female British subjects with children included. 1 of 1955 which came into force on 11/5/1955 provided that as from that date only children under the age of 16 years could be included on certificates. Issued in cases of doubt under s32 of the Act. Issued to minors.30/11/1973 5/2/1970 .27/11/1980 1/10/1976 . met the same requirements for citizenship and were issued with the same type of certificate.27/11/1980 Issued to people when no children included. (E) AM(1) AF(1) AM(2) AF(2) AE BM(1) BF(1) BM(2) BF(2) (F) Certificates of Citizenship Issued Between 5/2/1970 and 30/11/1973 5/2/1970 .ACIs .4/2/1970 26/1/1965 .Chapter 9 Series CM(2) CF(2) Dates of issue 26/1/1965 .

The miniature series between 1965 and 1970 also contained the following prefixes: FM. CD and CD(M). The numbering sequence continued from the certificates issued under the old Act to the new Act. Certificates of Citizenship Issued 26/11/1986 to 31/1/1989 26/11/1986 .Chapter 9 Series CG(1) CG(2) CG(M) (J) CAS CAS (K) ACS (L) ACC (M) (i) Dates of issue 28/11/1980 . Changes since 1 July 2007 Citizenship Certificates/Evidences On 1 July 2007.8/12/1986 All grantees. Issued to people when children under 16 included. when the Act came into effect.30/9/1984 28/11/1980 30/9/1984 28/11/1980 .23/10/1986 24/10/1986 . These were issued both in a large and a miniature format containing serial numbers only.present. F(1). AC(D). Series ACC issued 6/11/1989 . F(2).30/9/1984 To whom issued Issued to people when no children included. the existing prefix (ACC) on the Conferral and Declaratory Certificates (now called Evidences) were retained. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 .3/11/1989 (Note overlap with “CAS” series). B(1). AC(DM). Certificates of Citizenship Issued 1/10/1984 to 8/12/1986 1/10/1984 . Prior to 22 November 1984 these documents were entitled “Extract from Register of Births Abroad”. Certificates issued were printed on thicker paper and details of children were printed on the back of the document. (iii) (N) (i) Miniature declaratories were issued from 1970 . BN was a special series of certificates issued between 1/5/1970 and 31/5/1974 to British subjects who acquired Australian citizenship by notification under s11C.p 153 . Declaratory Certificates of Australian Citizenship Issued since 26 January 1949 in evidence of citizenship status comprising of the series: B. (ii) Series CAS issued 1/10/1984 . Series ACS issued 26/11/1986 .31/10/1984 concurrently with large certificates if requested.3/11/1989 All grantees (Note that there is some overlap with the “CAS” series). Evidentiary Certificates of Australian Citizenship Issued since January 1960 in evidence of acquisition of Australian citizenship in perusal for official and legal purposes. Certificates of Citizenship Issued 6/11/89 to Present 6/11/1989 . Issued to minors.ACIs . Certificates issued between these dates were printed on thin paper and all details were on the front of the document. Extracts from Register of Citizenship by Descent (ii) (O) Issued since 26/1/1949 as evidence of acquisition of citizenship by descent on registration.8/12/1986. All grantees. F(3) and F(4).present All grantees. B(2).

the act of registration did not affect validity in any way. Effect of naturalization of husband upon married women between 1/1/1921 and 25/1/1949 Married women were under disability under the Act and this meant that they could do nothing in their own right to either acquire or lose British nationality unless their husbands did so.p 154 . Section 18(5) made provision for the wives of persons granted naturalization to acquire British nationality by making a Declaration of Acquisition of British nationality within twelve months of husband’s naturalization or within such extended period as the Minister allowed.Chapter 9 The text of the “evidences” was amended to reflect that set out at Schedule 2 of the Regulations. The Declaration became effective as from the date upon which it was made before an authorised person and although declarations were generally registered in the Department. Any historical documents that are handed in to offices can be sent to Kerry Edwards.automatically became a British subject by virtue of s18 of the Nationality Act which said “the wife of a British subject shall be a British subject”. Between 1/1/1921 and 31/3/1937 the wife of a person who became naturalized ie.ACIs . This became important later on when s20 of the Nationality and Citizenship Act 1948 was in force. They were not persons naturalized although reading the endorsement on the reverse side of the certificate it would appear they were naturalized. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 9 . if there is any question at all of doubt. Citizenship Operations and Systems Section. Copies of historical evidences are being gathered to form a Library of these valuable documents. BB and CC certificates . Queries are to be directed to the Citizenship Help Desk. The inclusion of the ICSE client ID in addition to the Register and Entry number caters for the majority of posts who record and approve clients in ICSE as well as those DFAT posts who still use paper registers. Section 18 of the Nationality Act was amended in 1937. This was the position between 1/4/1937 and 25/1/1949 when the Act was repealed. National Office. *Note: No attempt should be made to determine a person’s national status from the information provided in this list alone. Extracts of Registration by Descent The existing ROC prefix and the title “Extract from Register of Australian Citizenship” were changed on 1 July 2007 to CBD and “Citizenship by Descent”. Any requests for information on these can be addressed to the Citizenship Help Desk.

Chapter 10 CHAPTER 10 . pardoned and spent convictions.Quashed.p 155 .Character summary Attachment B .ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 .Processing applications that require an overseas penal clearance certificate Attachment C .CHARACTER This chapter comprises: Overview of Chapter 10 Good character requirement Attachment A .

s21(6). s21(3). If there is a criminal conviction. If persons speak well of the applicant. a person of good repute may be shown by objective assessment to be a person of bad character. 2005) “The standard of good character should be even higher for citizenship cases … because of the importance of citizenship and the greater responsibilities and privileges attached to it.” (Mlinar v MIMA.Chapter 10 OVERVIEW OF CHAPTER 10 The Act requires that people aged 18 years and over seeking to become Australian citizens be of good character. namely. A person who has been convicted of a serious crime and thereafter held in contempt in the community. The former is an objective assessment apt to be proved as a fact whilst the latter is a review [of] subjective public opinion. 1997) Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . the decision maker will have regard to the nature of the crime to determine whether or not it reflected adversely upon the character of the applicant. If the conviction was in the past. … Conversely. 2005) “Criminal convictions or the absence of them and character references are likely to be an important source of primary information. a reference to the enduring moral qualities of a person. the decision maker will take that into account. the decision maker will turn his attention to whether or not the applicant has shown that he has reformed. the words ‘good character’ should be taken to be used in their ordinary sense.ACIs . fame or repute of that person in the community. and not to the good standing. SUMMARY OF CHARACTER PROVISIONS BY TYPE OF APPLICATION Descent Adoption under Hague Convention on Intercountry Adoption s19C(2) Conferral s21(2). s21(4). s21(7) Resumption s16(2).p 156 . s16(3) s29(2). nonetheless may show that he or she has reformed and is of good character.” (Clough v MIMIA.” (Clough v MIMIA. s29(3) “Unless the terms of the Act and Regulations require some other meaning be applied.

Quashed. An assessment that a person meets the character requirements under the Migration Act does not mean that the person is necessarily of good character for the purposes of the Citizenship Act.p 157 . such evidence would be in the form of a serious criminal record.ACIs . no longer of good character. For information on quashed. Note: A decision to refuse an application may be made on an assessment that a person is not of good character. see the Minister’s decision (s24) in Chapter 5 . The possible outcome of an application to the AAT for review of a decision to refuse an application for citizenship is not a relevant consideration in deciding whether or not an applicant meets the requirements of the Act. If a decision maker is not satisfied that an applicant is of good character at the time the application is to be decided. the application must be refused. see Attachment C . The assessment of character for the purposes of the Act is a different and separate exercise to the assessment of whether a person meets the character requirements under the Migration Act. For further information. under citizenship policy. This is required because if a case goes to review (for example. Where a decision maker is to refuse because the applicant does not meet the s24(6) requirement. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . decision makers must not make decisions based on what the AAT may or may not decide if the application were to be refused and application made to the AAT for merits review. A decision under the Migration Act to cancel a visa is relevant only insofar as it affects the visa status of an applicant for citizenship. An applicant’s behaviour does not have to be faultless. pardoned and spent convictions. In most cases. In other words.Citizenship by conferral. If an application for Australian citizenship by conferral falls under one of the offence provisions listed in s24(6) Offences. spent and pardoned convictions. A decision not to cancel a visa under the Migration Act is not a relevant consideration in the assessment of good character for the purposes of the Citizenship Act. general conduct and associations may also be relevant. A person whose permanent visa has been cancelled would no longer meet the eligibility requirement for conferral under s21(2)(b). It is the responsibility of the applicant to show that they are of good character. the decision maker must also assess the applicant against the relevant eligibility criteria set out in the Act. including residence and character requirements. However.Chapter 10 GOOD CHARACTER REQUIREMENT This part comprises: Key sources of information Overseas penal clearance certificates War crimes assessments Applicants who are considered not to be of good character Approved applicants who are. If only the prohibitions on approval have been considered the decision will be set aside and returned to the Department for a new decision which may result in another refusal if all criteria have not been assessed. the AAT) the prohibition on approval may not still apply at the time of review. but the aggregate of their qualities must be weighed against ordinary community standards of behaviour. the application must not be approved. or may be. If there is evidence to suggest that an applicant may not be of good character. Decision makers must therefore be guided by the ordinary use of the words in making assessments. There is no legislative provision to defer an application made under the Act. An applicant may be presumed to be of good character unless there is evidence to the contrary. the applicant should be given the opportunity to respond to this evidence. The term “good character” is not defined in the Act.

Character summary. A list of factors to which consideration should be given is at Attachment A . They include: the seriousness of any offences against ordinary community standards: crimes of violence. and the nature of that record. an offence committed under periods of temporary psychological disturbance (including involuntary effects of medication. the applicants age at the time the offence(s) were committed. such as a good behaviour bond. stalking. without having criminal convictions. A person’s behaviour as evidenced by a criminal record is relevant to the assessment of character. whether an offence was a one-off occurrence that can now be considered “out of character”. crimes against children and other crimes which have incurred a prison sentence or sentences totalling 12 months or more are ordinarily considered to be serious. The fact of deliberate concealment may be an indicator of a continuing lack of good character. including any comments by the applicant. Appropriate weight must be given to a person’s behaviour immediately prior to the making of a decision. sexual abuse. possibly.Chapter 10 Assessing good character involves: establishing whether or not an applicant has a criminal record. less serious offences would be reflected by the leniency of a sentence and. if any establishing whether or not an applicant may have been involved in crimes against humanity. whether there were any extenuating circumstances relating to the offence. For example. through having undertaken military or similar service or having held a position of authority in a country that has experienced conflict and serious human rights abuses establishing whether or not there is other information relevant to the issue of character according procedural fairness to the applicant where there is credible. character references. Decision makers may wish to obtain the comments made by the Judge in sentencing the applicant association with persons or organisations alleged to have committed crimes against humanity offences committed prior to the grant of a permanent visa that were concealed from the visa decision maker should not normally be given less weight. It may be possible that the person has matured and become more law-abiding than as a youth. consider whether the applicant has been rehabilitated (see below). The onus is on the applicant to provide evidence supporting a claim of extenuating circumstances.p 158 . and adverse information which the decision maker intends to take into account and considering the full circumstances relating to the relevant matters. in the remarks of the sentencing Judge. drug trafficking. battered wife syndrome) or under duress may be given less weight than if these circumstances did not exist. post-natal depression. For example. armed robbery. major fraud. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . and other evidence of the applicant’s behaviour. a person charged with political offences in one country may not be considered guilty of a crime in Australia. Where the offence was not out of character. whether or not an offence(s) committed overseas would be regarded as an offence in Australia. If the applicant committed the offence(s) at a young age. and should be given due weight in an assessment alternatively. relevant. and that offences from that period in their life are less indicative of their current character than their actions as an adult.ACIs . whether there are any on-going obligations in relation to the sentence received. they may be given less weight depending on the nature of the crime and the applicant’s subsequent record. or part of an ongoing pattern of behaviour which would suggest that the applicant is not of good character. harassment. Section 24(6) provides that an application for citizenship by conferral must not be approved during such periods.

gov. Information about screening of citizenship applications regarding crimes against humanity and war crimes can be found in PAM3: Act . should be given considerable weight. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . which requires information relating to character online Australian police checks (OPCs) through CRIMTRAC. attesting to their good character and whether they support the application for citizenship. If checks reveal a criminal record.Crimes against humanity . The applicant’s behaviour since commission of a serious crime can in part be evidenced by the existence or otherwise of subsequent convictions. or if an applicant has spent 12 months or more overseas after grant of a permanent visa (and within the previous 10 years for all applicants except where applying for citizenship by conferral). KEY SOURCES OF INFORMATION The key sources of information that will assist in establishing the facts as they relate to an applicant are: the application form. The onus is on the applicant to demonstrate that there has been a change in their character since last offending.Screening of visa & citizenship applicants. Note: If there is a MAL match relating to crimes against humanity or war crimes. Other relevant factors that may be taken into account include whether or not the applicant has stable employment.Chapter 10 A reasonable amount of time will need to have passed since the applicant has been free of obligation to the court to establish a pattern of good behaviour and thus justify a conclusion that a person is now of good character.Screening@immi.Character .ACIs . particularly employers (but not family members). The applicant could demonstrate a good reputation in the community by providing references from reputable Australians. the applicant should be asked to provide overseas penal certificates for those other countries in which they have resided. Declarations from character referees that acknowledge the person’s criminal background. a print-out of the full record is provided to the Department.Crimes. involvement in activities indicating contempt/disregard or respect for the law or human rights. contact the War Crimes Section. The applicant’s present reputation in the community should also be considered. National Office via email: War. their status in the community.Preliminary).au.p 159 . See Overseas penal clearance certificates other Departmental systems checks including the Movement Alert List (MAL) and TRIM. CrimTrac checks are to be carried out on all applicants 18 years and older the application form which asks the applicant whether they have committed. The record must be cross-checked to ensure that the information refers to the applicant under consideration. Decision makers are entitled to give substantially more weight to statutory declarations than to other statements. Applications for Australian citizenship by descent where article 1(2)(iii) of the Stateless Persons Convention may apply should also be referred to the Citizenship Help Desk (see the definition of Stateless Persons Convention in Definitions (s3) of Chapter 1 Part 1 of the Act . or been involved in the commission of war crimes or crimes against humanity or human rights overseas or in Australia if an application is made overseas. and attest to a change in character since.

The application forms state that in certain circumstances. where the person is over the age of 18 years and. applicants are to provide penal clearance certificates from overseas countries in certain circumstances. Time spent outside Australia The general rule of thumb is that if a person is applying for citizenship in Australia and has spent a reasonable amount of time overseas since becoming a permanent resident they will be asked to provide an overseas penal clearance certificate. There is no 10 year limit for the requirement to provide overseas penal clearance certificates for applicants applying for Australian citizenship by conferral. there are 2 instances where an overseas penal clearance is required: firstly. In the case of New Zealand citizens applying for Australian citizenship by conferral. see Attachment A .New Zealand citizens in Australia. they can request an overseas penal clearance certificate irrespective of the amount of time a person has spent overseas or the period of time spent within a country. Applications for citizenship by conferral Applicants will need to provide penal clearance certificates from overseas countries if since the grant of a permanent Australian visa: they have lived or travelled overseas since the age of 18 years or over and the total time spent overseas added up to 12 months or more and the time spent in any one country was a continuous period of more than 90 days.ACIs . This is a matter of judgment and depends on the circumstances of each case.Processing applications that require an overseas penal clearance certificate. Generally. Applications for citizenship by descent Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 .Character requirements for New Zealand citizens of Chapter 14 . since becoming a permanent resident. Officers can seek further assistance from the Citizenship Help Desk in regard to this matter. see Attachment B . Application forms also state that clients must provide penal clearance certificates if requested to do so by the Department. applicants should provide their overseas penal clearance certificates at time of application or when requested to do so by the officers. One of the mechanisms used to assess good character is an overseas penal clearance. has been overseas: for a period of time that cumulatively is 12 months or more and the time spent in any one country was a continuous period of more than 90 days. In the interests of having their applications assessed without unnecessary delay.p 160 . Decision maker can request a penal clearance certificate Where the decision maker considers it relevant to the assessment of an applicant’s claims of good character. secondly. where the applicant has spent less than 12 months outside Australia but spent a continuous period of more than 90 days in one country.Chapter 10 OVERSEAS PENAL CLEARANCE CERTIFICATES The Act requires that the applicant is of good character at the time of the Minister’s decision. For policy and procedure on processing applications that require an overseas penal certificate.

au/allforms/characterrequirements/index. the policy regarding overseas police clearances remains unchanged and penal clearances are required for the last 10 years. This instruction reiterates the long standing policy for this application stream. The legislation requires applicants who are 18 years or older to be of “good character”. Note: Where the applicant has travelled to Australia. Applications by descent differ in that most adult applicants have lived in a country other than Australia prior to lodging their application and some applicants may never have travelled to Australia. For more information on penal clearance certificates see the Character Requirements Penal Clearance Certificates (formerly known as form 47P): http://www. This is particularly relevant where the applicant: suffers from permanent or enduring physical or mental incapacity and the onshore police check indicates that the person has no convictions or spent convictions. Applicant unable to obtain police clearance Applicants may not be able to obtain police clearances for several reasons. officers are to discuss with the Character Team. Applications for citizenship by resumption or full Hague adoption.Penal checking procedures. for instance. where officers consider that discretion is appropriate for applicants aged 70 years or older.ACIs . Officers are to check the MR database in relation to any travel to Australia undertaken by the applicant. applicants from this stream are to provide an overseas police clearance from: the country in which they have been living where they have visited/lived in another country for a continuous period of 90 days or more and where the country of residence is different to the country of their nationality or where the decision maker considers it appropriate to request an overseas penal clearance. an onshore police clearance from the AFP is also required. Citizenship Helpdesk. Application forms also state that clients must provide penal clearance certificates if requested to do so by the Department. This instruction is FOI exempt and is available to Departmental staff with the appropriate security clearance upon request from the Character Section.p 161 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . To assist decision makers in assessing the character requirement. The procedures for these applicants are outlined in PAM3: Sch4/4001 . National Office. Officers should also discuss individual cases with the Citizenship Help Desk.immi. Applicants aged 70 years or older Decision makers may use their discretion to not request an overseas police clearance where an applicant aged 70 years or older who has resided in Australia and has not travelled overseas for the last 20 years.gov. In all other cases.Chapter 10 Although many of the legislative provisions for this stream were amended with the introduction of the 2007 legislation.htm. certain countries may not allow individuals to obtain penal clearance certificates. Applicants will need to provide penal clearance certificates from overseas countries if in the last 10 years: they have lived or travelled overseas since the age of 18 years and the total time spent overseas added up to 12 months or more and the time spent in any one country was a continuous period of more than 90 days.

about their military service and also complete a character statutory declaration. case officers should seek further evidence from the applicant on their attempts to obtain the requested information. In circumstances where the applicant is unwilling to provide the information requested. If citizenship applicants are suspected of having been involved in crimes against humanity. or will indicate no assessment can be provided. For further information regarding war crimes assessments for citizenship applicants. applicants should be asked to make a statement. the War Crimes Unit will issue either an adverse or non-adverse assessment. In these circumstances. Non-adverse assessments Where the War Crimes Unit has provided an assessment about an applicant with no adverse information. Where it is impossible to obtain the requested information from a particular country. processing of their application for Australian citizenship can proceed as normal. Involvement in the commission of crimes against humanity is an important consideration in the assessment of a person’s character for the purposes of the Act.Chapter 10 WAR CRIMES ASSESSMENTS Crimes against humanity are committed in many countries and it is recognised that individuals involved in such crimes may seek to enter.p 162 . it may not be possible for the case officer to be satisfied the applicant is of good character. The War Crimes Unit will provide a copy of the assessment to the case officer. or unwilling. National Office should be requested to undertake an assessment of the applicant’s potential involvement in such crimes. Notifying National Office The Citizenship Helpdesk and the War Crimes Unit must be advised of all applications where allegations of war crimes are involved. in the form of a statutory declaration. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . No assessment can be provided The War Crimes Unit may advise that an assessment cannot be undertaken as the applicant has been unable or unwilling to provide the requested information to undertake an assessment.Crimes against humanity . to provide their military service record. case officers should advise the applicant that the character assessment will be made on the available information. Following assessment of the allegations. The War Crimes Unit can advise whether the requested information is readily available from the particular country. the Australian community. The War Crimes Unit will advise of the information from an adverse assessment that must not be released to the applicant. or currently reside in. Procedural fairness must be provided Procedural fairness must be provided to applicants subject to an adverse war crimes assessment.ACIs . the War Crimes Unit. see PAM3: Act Character .Screening of visa & citizenship applicants. Adverse Assessments An adverse assessment is an important consideration in the assessment of a person’s character. and in the absence of the requested information and subsequent assessment. An example of this may be that the applicant is unable.

Chapter 10 APPLICANTS WHO ARE CONSIDERED NOT TO BE OF GOOD CHARACTER If there is credible and relevant information regarding an applicant. the person is of good character. If having considered the information. the approval of their application may be cancelled under s25 of the Act. OR MAY BE. at interview or in writing. it comes to attention that the person is under criminal investigation but has not been convicted. If the checks do not reveal a criminal record and there is no other credible and relevant information. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 . Adverse personal information that is not relevant to the decision.ACIs . on the balance of probabilities. the information should be put to the applicant. however. If the person is considered no longer to be of good character. the decision maker is satisfied that the applicant is of good character. such that a decision maker is likely to refuse the application. should note in the decision record that the information was not taken into account. or is not credible. the decision maker may determine that. The decision maker. after an application for conferral of Australian citizenship has been approved. or is being investigated for cancellation of a visa. NO LONGER OF GOOD CHARACTER If. APPROVED APPLICANTS WHO ARE.p 163 . and the applicant invited to respond to or comment on the information. the information need not be put to the applicant. the making of the pledge of commitment by the person may be delayed under s26(3) of the Act. need not be put to the applicant.

Concealment of any offences .may be an indicator of a continuing lack of good character. Reputation in the community should also be considered . war crimes. crimes of violence. battered wife syndrome. sexual abuse.for example. political offences which may not be criminal offences in Australia. Repeat criminal behaviour over time . due weight must be given to the type of offence. major fraud. drug trafficking. Length of any prison sentence . Associations with other criminals or criminal organisations .may indicate poor character. without having criminal convictions. stable family life and community involvement can be indicators of character.CHARACTER SUMMARY CHARACTER .(eg bond. crimes against children.Chapter 10 ATTACHMENT A .crimes committed as a juvenile may be given less weight than those of an adult. Repeat convictions for the same offence indicate a serious repeat offender. Involvement in crimes against humanity (without conviction) establishing whether or not an applicant may have been involved in crimes against humanity. Length of time between last offence and application for Australian citizenship. while undertaking military or similar service or holding a position of authority in a country that has experienced conflict and serious human rights abuses. armed robbery. or an association with persons or organisations alleged to have committed crimes against humanity.when different offences occur. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 .for example. Convictions for offences in another country .referee reports. through having: a) b) directly participated in the commission of crimes against humanity. or 2 or more terms of imprisonment where the total is 2 or more years. temporary psychological disturbance (including post-natal depression. Financial debts where there is no conviction for an offence or the debts are not being pursued are not grounds for considering an applicant to be of bad character.a sentence totalling 12 months or more.however. stalking. references and especially statutory declarations from non-family members can indicate changes in character.SUMMARY Criminal record considerations: Seriousness of any offences . security or parole). Existence of extenuating circumstances in relation to the crime(s) committed .for example. Age at which the crimes committed .p 164 . violations of human rights. involuntary effects of medication). Any on-going obligations in relation to a sentence received . A single offence may be considered “out of character” . Other factors: Evidence of length of employment. harassment.ACIs .

Applicants who meet the above criteria must provide penal clearance certificates from all overseas countries where they have spent a continuous period of more than 90 days since the age of 18 years. resumption and full Hague adoption. and the total time spent overseas added up to 12 months or more. Applicants who meet the above criteria must provide penal clearance certificates from all overseas countries where they have spent a continuous period of more than 90 days since the age of 18 years. since the grant of a permanent Australian visa: • • has lived or travelled overseas since the age of 18 years or over.ACIs . Decision makers should consider requesting a penal clearance certificate where a client has spent less than 12 months outside Australia but spent a continuous period of more than 90 days in one country. Movement records should be checked to determine whether an applicant in the previous 10 years: • • has lived or travelled overseas since the age of 18 years or over. Applications for citizenship by descent. Applications for citizenship by conferral Movement records should be checked to determine whether an applicant. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 .Chapter 10 ATTACHMENT B . Applicants who meet the relevant criteria listed below.p 165 .PROCESSING APPLICATIONS THAT REQUIRE AN OVERSEAS PENAL CLEARANCE CERTIFICATE Movement records should be checked to determine whether an applicant needs to provide overseas penal clearance certificates. but who have not provided the required overseas penal clearance certificates with their application should be asked to do so. and the total time spent overseas added up to 12 months or more.

A spent conviction is a conviction for which a person: was not sentenced to more than 30 months imprisonment and it is 10 years (5 years for child offenders) since the date of conviction and the person has not re-offended during the 10 years (5 years for child offenders) waiting period or has been granted a pardon for a reason other than that the person was wrongly convicted of the offence. PARDONED AND SPENT CONVICTIONS A quashed conviction is one that has been set aside by a court. Consequently. However. A pardon means a free and absolute pardon granted because a person was wrongly convicted.ACIs .QUASHED. If a delegate does become aware of such convictions. Under the Crimes Act 1914 applicants are not required to disclose quashed or pardoned convictions. all applicants are required to disclose all spent convictions in their applications. This also applies to crimes committed in other countries that may be spent under foreign legislation.p 166 . In relation to spent convictions. they may not be taken into account. under the Crimes Act 1914 people generally do not have to disclose them. applicants under the new Act are excluded from the operation of the spent conviction regime.Chapter 10 ATTACHMENT C . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 10 .

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 .The relevant Information Privacy Principles (IPPs) Attachment B .PERSONAL IDENTIFIERS This chapter comprises: Overview of Chapter 11 Personal identifiers under the Act Obtaining personal identifiers Obligations relating to identifying information Attachment A .p 167 .ACIs .Access & disclosure.Chapter 11 CHAPTER 11 .

If the Minister or delegate is not satisfied of a person’s identity they cannot sit a test. personal identifiers are any of the following: fingerprints or handprints of a person (including those taken using paper and ink or digital live scanning technologies) a measurement of a person’s height and weight a photograph or other image of a person’s face and shoulders an iris scan a person’s signature and any other identifier prescribed by the regulations.ACIs . In contrast. use. 33(4) and 37(4) of the Act require that. personal identifiers for the purposes of the Act. storage and disclosure of personal information collected for citizenship purposes are all protected under the Privacy Act. For the purposes of the Act. occupation and marital status. The use. It is important to recognise that personal information is not the same as personal identifiers. 19D(4). Under the general eligibility provisions the Minister must be satisfied of the person’s identity. a person making an application for citizenship or sitting a test or making an application for evidence of citizenship. 24(3). or applying for Australian citizenship or evidence of Australian citizenship.Chapter 11 OVERVIEW OF CHAPTER 11 The purpose of this chapter is to provide guidance to Departmental officers on the requirement for. and any additional information which can be used for identification purposes and is obtained either directly or indirectly from a personal identifier collected from a person. or authenticate the identity of. the Minister must be satisfied of the person’s identity. or to assist in combating document and identity fraud in citizenship matters. other than an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure as defined in s23WA of the Crimes Act 1914. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . and collection. Sections 17(3). Personal information is non-specific data such as sex. storage and destruction of. If a person’s identity cannot be verified the application cannot be approved. date and country of birth. identifying information is any personal identifier which is collected from the applicant for the purposes of the Act. before an application is approved. This is set out in the Minister’s determination made under s23A of the Act. Personal identifiers can only be collected and used to identify. Division 5 of Part 2 of the Act provides the legislative framework for collecting personal identifiers from people seeking to sit a test. 30(3).p 168 .

a personal identifier is any of the following in actual or digital form. Form 1195 has details on the “proof of identity declaration”. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . “Photograph” includes a digital image taken by an officer of the Department.Chapter 11 PERSONAL IDENTIFIERS UNDER THE ACT This part comprises: Personal identifiers (s10) Definitions (s3). or evidence of citizenship. PERSONAL IDENTIFIERS (S10) This part comprises: Fingerprints or handprints of a person Measurement of a person’s height and weight Photograph or other image of a person’s face and shoulders Iris scan Person’s signature Any other identifier prescribed by the regulations. to be clear and show a person’s features enough to allow a person to be recognised by the image. Prints could be captured anywhere an ink or paper imprint is used or a digital scan of the fingerprint or handprint is taken. that is.p 169 . As defined in s10 of the Act.ACIs . Policy is that the photograph or other image is to be similar to a passport photo. Photograph or other image of a person’s face and shoulders This personal identifier is required to be provided where a person seeks to make an application for citizenship or evidence of citizenship. When making an application for citizenship. Iris scan Iris scans are not currently required to be provided. They would need to be taken by an appropriate biometrics operator and on recognised biometrics software which will enable a positive identification of that person. Person’s signature This personal identifier is currently required to be supplied with an application where it is a part of the declaration made in respect of that application. Measurement of a person’s height and weight These measurements are not currently required to be provided. The measurement of a person’s height or weight can be taken in any form that provides a meaningful indication of the person’s actual individual measurements in order to be best able to appropriately identify the person. Fingerprints or handprints of a person Prints are not currently required to be provided. the photograph must be endorsed on the back by a person who meets the policy guidelines for the purposes of making a proof of identity declaration.

the Minister. The Act limits the types of personal identifiers that can be prescribed.” ‘Identifying information’ is any personal identifier provided by an applicant for the purposes of the Act. the result of the analysis is also identifying information. or by an APS employee in the Department. includes provide unauthorised access to the personal identifier. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . identifying information means the following: (a) (b) (c) (d) any personal identifier provided under Division 5 of Part 2. Identifiers can be prescribed only if necessary for assisting in the identification. any other information derived from: (i) (ii) any such personal identifier. of an applicant under the Act or combating document or identity fraud in citizenship matters. Note: Section 42 deals with authorised access to identifying information. or a person engaged by the Commonwealth. to do work for the purposes of this Act or the regulations or of the Migration Act or the regulations made under that Act.p 170 . If a personal identifier or any useful identifying information is analysed for any further information. any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier. DEFINITIONS (S3) “disclose. The definition of “intimate forensic procedures” can be found in s23WA of the Crimes Act 1914. the Secretary of the Department. any meaningful identifier derived from any such personal identifier. or a person engaged under section 74 of the Public Service Act 1999 by the Secretary of the Department. ‘Entrusted person’ as defined includes all employees of the Department of Immigration and Citizenship. For example. whether they be ongoing. no additional identifiers are prescribed. ‘Disclose’ means provide access to a personal identifier. whether the access is authorised or unauthorised. requests for blood tests or the capture of ultrasound images. or authenticating the identity.Chapter 11 Any other identifier prescribed by the regulations Currently. that could be used to discover a particular person’s identity or to get information about a particular person. or (iii) any record of a kind referred to in paragraph (c). and any additional information which can be used for identification purposes and is obtained either directly or indirectly from those personal identifiers. or any meaningful identifier derived from any such personal identifier. Intimate forensic procedures or images of the internal parts of the body can not be prescribed. and people engaged to do work for the purposes of the Act or Regulations or the Migration Act or Regulations. entrusted person means: (a) (b) (c) (d) the Secretary of the Department.ACIs . or an APS employee in the Department. non-going or contracted staff. in relation to identifying information that is a personal identifier provided under Division 5 of Part 2.

is identifying information. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 .Chapter 11 Any other information which is obtained through the further examination of a personal identifier or any of its derivatives. which can be used to confirm a person’s identity or other information about that particular person.p 171 .ACIs .

Applicants sitting a test will be informed of these matters at the point of the registering for the test. A specific request for one or more personal identifiers under s40 can only be made by a person delegated by the Minister under s40. are required to provide an endorsed photograph and sign the application form. Any other requests need to ensure that the matters are covered on each occasion a request is made. When registering for a test.Chapter 11 OBTAINING PERSONAL IDENTIFIERS This part comprises: Request for personal identifiers (s40) Provision of personal identifier (s41). people will be required to either have a digital facial image taken by a Departmental officer or provide an appropriate photograph at the time of sitting the test. All citizenship applicants (including those applying for evidence) 16 years and over. and that the applicant has a right under that Act to seek access to that information or those documents under that Act. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . These matters have been included in all citizenship application forms. out of date or misleading. A delegated person will usually be an APS4 or above. REQUEST FOR PERSONAL IDENTIFIERS (S40) Under s40 a request may be made for one or more personal identifiers so that the Minister or delegate can be satisfied as to the identity of a person in relation to an application for citizenship or sitting of a test or an application for evidence of Australian citizenship.p 172 . incorrect. for s40(2) of the Act) provides that a request must inform the applicant of the following matters: (a) (b) (c) (d) (e) (f) (g) why a personal identifier must be provided how a personal identifier may be collected how a personal identifier may be used the circumstances in which a personal identifier may be disclosed to a third party that a personal identifier may be produced in evidence in a court or tribunal in relation to the applicant who provided the personal identifier that the Privacy Act 1988 applies to a personal identifier.ACIs . and to seek amendment of records containing personal information that is incomplete. and that the applicant has a right to make a complaint to the Privacy Commissioner about the handling of personal information that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies. PROVISION OF PERSONAL IDENTIFIER (S41) Regulation 11 (Personal identifiers.

The s42(3) instrument can be found on IMMInet under: Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . Staff must establish that they have the required authorisation before accessing identifying information.ACIs . Section 42 provides: that unauthorised access to identifying information is an offence and sets out the penalties for an offence the circumstances in which personal identifiers can be lawfully accessed and that the Minister may authorise specified people or classes of people to access identifying information. These purposes are intended to cover the circumstances in which people would need to access identifying information in the course of carrying out their duties as decision makers under the Act. Authorised access The offence provisions do not apply if: the access is for a purpose set out in s42(4) and the person is authorised by the Minister to access the identifying information for that purpose there is reason to believe that access is necessary to prevent or lessen a serious and imminent threat to life or health of a person the access is for a disclosure that is a permitted disclosure under s43 or s43(1A) applies. Offences and Penalties It is an offence for a person to access identifying information unless they are authorised to access the information for the purpose for which they have accessed it.p 173 .Chapter 11 OBLIGATIONS RELATING TO IDENTIFYING INFORMATION This part comprises: Accessing identifying information (s42) Disclosing identifying information (s43) Unauthorised modification or impairment of identifying information (s44) Destroying identifying information (s45). Authorised by the Minister People can be authorised by the Minister to access identifying information for the purposes set out in s42(4). The penalty is imprisonment for 2 years or 120 penalty units or both. ACCESSING IDENTIFYING INFORMATION (S42) This part comprises: Offences and Penalties Authorised access Authorised by the Minister Serious and imminent threat to life or health.

It may be a threat of serious harm to be randomly inflicted. The threat need not apply to a specific person. Abuse directed to staff in general does not usually count as a serious threat. complying with a request by an applicant or former applicant for information under the Freedom of Information Act 1982. Otherwise a copy of the instrument can be obtained from the Citizenship Help Desk (email: citizenship. What is a ‘serious’ threat depends on the particular circumstances of each case. DISCLOSING IDENTIFYING INFORMATION (S43) This part comprises: Permitted disclosure Serious and imminent threat to life or health. Section 43 also provides the following two exceptions to the offence provision: further disclosure by a person who is not an entrusted person but who obtained the information as a result of a permitted disclosure and where the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to life or health of a person. ‘(c) is for the purpose of administering or managing the storage of identifying information…’ This includes provision of identifying information to people employed by organisations providing file management and storage services to the Department. Threats to finances or reputation are not threats to life or health.Policy. ‘(e) take place under an arrangement entered into with an agency of the Commonwealth. or with a State or Territory or an agency of a State or Territory …’. Further comment on others is set out below. Serious and imminent threat to life or health Any disclosure of identifying information to prevent or lessen a serious threat to the life or health of a person may significantly disadvantage the person to whom the information relates. Consideration should therefore be given to whether there are any effective alternatives to accessing the identifying information. Section 43 provides that conduct causing disclosure of identifying information is an offence unless the disclosure is a permitted disclosure under s43(2). The threatened harm must involve serious bodily injury. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 .helpdesk@immi. Threats of contracting (or being denied effective treatment for) a serious medical condition are regarded as threats to life or health. Permitted disclosure Some of the permitted disclosures set out at s43(2) above are self-explanatory. legislation & forms cycle . for example. Currently there are no arrangements in place.Secretarial instrument for personal identifiers. and sets out the penalties for the offence.p 174 . serious illness or death. ‘(d) is for the purpose of making the identifying information in question available to the person to whom it relates …’ This includes. as would a threat of infection with a life-threatening condition.Chapter 11 DIAC services .ACIs . The threat must be imminent or about to happen.Instruments of delegation and authorisation . An explicit threat of murder or serious assault would usually be regarded as a serious threat.au).Gazette notices and instruments of delegation and authorisation .gov.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . However. serious illness or death.p 175 . ‘reasonably necessary’ implies that a disclosure need not be essential or critical to enforcing the criminal law. before a court or tribunal. These proceedings are usually initiated and prosecuted by the police or Crown prosecutors. factors relevant to assessing this include: whether there are other practical and less intrusive measures available whether the potential harm to the public interest in question is sufficiently strong to outweigh the privacy interests of the persons in respect of whom the identifying information relates and who is to receive the identifying information. ‘(g) is for the purpose of an investigation by the Privacy Commissioner or the Ombudsman relating to action taken by the Department …’ An assessment should be made as to whether all identifying information held is or would be relevant to the investigation. a State or a Territory …’. The threatened harm must involve serious bodily injury.ACIs . it must be more than just helpful. ‘(h) takes place with the written consent of the person to whom the identifying information in question relates. In general. ‘(f) is for a purpose of a proceeding. Enforcing criminal law means the process of investigating crime and prosecuting criminals and the gathering of intelligence about crime to support the investigating and prosecuting functions of law enforcement agencies. Consideration should therefore be given to whether there are any effective alternatives to accessing the identifying information. As a general rule. criminal law encompasses those laws under which criminal proceedings can be initiated. and whether and how the identifying information is likely to be protected once it is disclosed. Broadly speaking. or of some assistance or expedient. The threat need not apply to a specific person. They are usually heard in criminal courts.’ Written consent on an application form is only sufficient for disclosure for the purposes listed on the form. Serious and imminent threat to life or health Any disclosure of identifying information to prevent or lessen a serious threat to the life or health of a person may significantly disadvantage the person to whom the information relates. and may result in the accused being convicted and punished by fine or imprisonment. Identifying information reasonably necessary to the enforcement of the criminal law should be disclosed only to: an organisation that has statutory responsibilities for investigating or prosecuting criminal offences or a person (or organisation) who require the identifying information to assist in the investigation or prosecution.Chapter 11 ‘(ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth. It may be a threat of serious harm to be randomly inflicted. The threat must be imminent or about to happen. relating to the person to whom the identifying information in question relates …’ The provision does not limit disclosure for the purpose of proceedings relating to the Act but to proceedings involving the person to whom the identifying information relates. Policy is that there is a link between the proposed disclosure and the enforcement of the criminal law and that the link is strong enough to say that the use or disclosure is reasonably necessary to enforce the criminal law.

or the operation of a storage system of identifying information. ‘Modification’ means changing or altering. Modification or impairment is not unauthorised simply because the person has an ulterior motive for causing the modification or impairment. The following actions are not considered to constitute modification: scanning a hard copy of a photograph to create a digital facial image cropping a photograph to enable it to be scanned or photocopying a document containing a person’s identifying information and blacking it out on the photocopy before disclosing the document to a third party (in accordance with the provisions of the Act and or the Privacy Act 1988. UNAUTHORISED MODIFICATION OR IMPAIRMENT OF IDENTIFYING INFORMATION (S44) Section 44 provides that a person who is not authorised or entitled to modify identifying information. or substantially contribute to the impairment of. ‘Impairment’ means damaging or weakening or making worse. as would a threat of infection with a life-threatening condition. whichever is appropriate). Threats of contracting (or being denied effective treatment for) a serious medical condition are regarded as threats to life or health. Section 44 also provides the following exceptions to the offence provisions: modification or impairment of identifying information by a person who is not an entrusted person and received the identifying information as a result of a permitted disclosure (see above) and where the modification or impairment is done pursuant to a warrant issued under an Australian law. or substantially contribute to the modification of identifying information or intentionally impair. Abuse directed to staff in general does not usually count as a serious threat. Threats to finances or reputation are not threats to life or health.ACIs . or impair the security of the storage or the operation of a storage system of identifying information commits an offence if they: intentionally modify. For example: intentionally de-linking a facial image from a client record and connecting it to another person’s identity information or intentionally allowing another person to access a system storing identifying information that the other person is not authorised to access. DESTROYING IDENTIFYING INFORMATION (S45) This part comprises: Retention and storage of identifying information Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 .p 176 . or the security of the storage of identifying information.Chapter 11 What is a ‘serious’ threat depends on the particular circumstances of each case. For example: digitally altering a facial image so that it no longer looks like the person or changing a person’s signature so that it no longer has the characteristics of the person’s signature. and know that their actions are unauthorised. or impair the reliability of identifying information. the reliability of identifying information. An explicit threat of murder or serious assault would usually be regarded as a serious threat.

rejected and withdrawn application Note: this RDA as it relates to citizenship records is currently under review by Citizenship Law and Policy Section.(RDA). or any means of identifying it with the person to whom it relates is destroyed. evidence of citizenship) checking a person’s identity or their character NOTE: If the identity or character check is attached to an approved application OR Attached to a deferred. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . or a photograph or other image of a person’s face and shoulders. If the moratorium was lifted.e.ACIs . 80 years after the last action is completed 10 years after the last action is completed. A personal identifier is destroyed if it is physically destroyed. it is shredded. 80 years after the last action is completed. unless the information is a measurement or a person’s height and weight.Chapter 11 Archives Act 1983 and the Department’s Records Disposal Authority (902) . deleted or erased so that it no longer exists.(RDA) The Department currently has a moratorium on all Departmental records which means that no record is allowed to be destroyed until such time as the moratorium is lifted. For example. under the guidelines of the RDA the following applications must be destroyed (including any relating identifying information which is attached to that application) after the following periods of time after the last action is completed: all approved applications Deferred. Retention and storage of identifying information The Act does not make provision for the indefinite retention of personal identifiers. Section 45 provides that failure by the person responsible for identifying information to destroy the information as soon as possible after it is no longer required to be kept under the Archives Act 1983 is an offence. The person responsible for identifying information is the person who has: day-to-day control of the database. rejected and withdrawn applications Requests for citizenship details (i. 2 years after the last action is completed 1 year after the last action is completed. or it becomes illegible. burned. The retention and disposal of identifying information is as required by the Archives Act 1938 and as provided for by the relevant associated Departmental Records Disposal Authority. if the information is stored on a database or day-to-day responsibility for the system under which the identifying information is stored. or a person’s signature. 10 years after the last action is completed. Archives Act 1983 and the Department’s Records Disposal Authority (902) . or information derived from or relating to those personal identifiers. The RDA is currently being redrafted to extend the retention period of many citizenship record types and to expand on the types of citizenship records which may need their own retention period.p 177 .

the individual must be made aware of: the purpose for which the information is being collected the fact that the collection is authorised or required by law and any bodies or agencies to whom the information may be disclosed.for more details see the Privacy Act 1988.ACIs . that purpose. or directly related to.THE RELEVANT INFORMATION PRIVACY PRINCIPLES (IPPS) The purpose of the Privacy Act is to protect an individual’s privacy by requiring person information to be collected and managed in accordance with Information Privacy Principles (IPPs) .p 178 . The most important IPPs in relation to the Department’s collection and use of a client’s personal information are: Information Privacy Principle IPP 1 Manner and purpose of collection of personal information IPP 2 Solicitation of personal information from individual concerned Requirements Officers may collect personal information only if: they have a lawful purpose for collecting it that is directly related to their functions or activities and the collection is necessary for. If personal information is collected from an individual. The use of personal information for purposes other than for which it was collected is prohibited unless: the individual concerned has consented to the other use or there are reasonable grounds for believing that the other use is necessary to prevent or lessen a serious and imminent threat to the life or health of a person or the other use is required or authorised under law (ie Australian law) or the other use is reasonably necessary for the enforcement of criminal or revenue law or the purpose for which the information is used is directly related to the purpose for which the information was obtained.Chapter 11 ATTACHMENT A . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . IPP 6 Access to records containing personal information IPP 10 Limits on the use of personal information Individuals are entitled to have their original documents returned to them by the Department without having to make an FOI request.

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 .ACIs .Chapter 11 Information Privacy Principle IPP 11 Limits on disclosure of personal information Requirements Disclosure of personal information to third parties is prohibited unless: the individual concerned is reasonably likely to be aware of.p 179 . the disclosure or there are reasonable grounds for believing that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person or the disclosure is required or authorised under law (ie Australian law) or the disclosure is reasonably necessary for the enforcement of criminal or revenue law. or has consented to.

ACIs . Disclosing identifying information to the AFP/state/territory police to help with the assessment of a person’s good character.ACCESS & DISCLOSURE Citizenship application scenarios Action Allowed? Reason You can access a citizenship applicant’s identifying information if: you are employed by or contracted to the Department and your duties relate to verifying a person’s identity in relation to a citizenship application (see s42 accessing identifying information) or you are accessing the information to facilitate a permitted disclosure (see s43(2)). Accessing identifying Yes information held by the Department for the purpose of processing a citizenship application. Disclosing identifying information to a state/territory or Commonwealth agency to verify a person’s citizenship status. or takes place under an arrangement entered into for the exchange of identifying information. Yes If the other officer is in the above category and you have an operational need to disclose the identifying information to them. You can disclose it under s43(2)(b) as this would allow you to provide identifying information to CrimTrac and the Police for the purposes of character checking in relation to visa related processing as well as citizenship processing You can disclose it under s43(2)(da) which allows for identifying information to be disclosed to the police in order to verify a person is an Australian citizen. that is. Yes Yes Yes Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 11 . Disclosing personal information that doesn’t include identifying information to state/territory or Commonwealth law enforcement agencies for the purpose of the criminal proceeding mentioned above.Chapter 11 ATTACHMENT B . you are to access that information only if you have an operational need to do so. Disclosing identifying information to another Departmental officer. However.p 180 . you need them to verify the identifying information before you can proceed with or finalise the citizenship application. Covered by IPP 11.

NATIONAL SECURITY This Chapter comprises: Overview of chapter 12 Where an adverse security assessment or qualified security assessment has been issued against an applicant Where the applicant is stateless. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 12 .ACIs .Chapter 12 CHAPTER 12 .p 181 .

p 182 .Resuming citizenship . Further guidance on the interpretation of these terms can be found in Chapter 1 .Citizenship by descent Chapter 4 .Minister’s decision (s19D) Chapter 5 . by conferral (s24) and by resumption (s30). Such an assessment will be made where the applicant is a direct or indirect risk to the security of Australia.ACIs . Note: In accordance with the Convention on the Reduction of Statelessness. these provisions apply differently to stateless people (please see below). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 12 . The national security provisions apply to applicants for Australian citizenship by descent (s17) by adoption in accordance with the Hague Convention on Intercountry Adoption (s19). Refer to the Minister’s Decision section of the relevant chapter: Chapter 3 .Children .Minister’s decision (s30).Citizenship by conferral . The following terms are relevant to the national security provisions and are defined by s3 of the Act: adverse security assessment qualified security assessment national security offence. The national security provisions prohibit the approval of a citizenship application where ASIO has issued an adverse security assessment or qualified security assessment against the applicant.Preliminary and definitions.Minister’s decision (s24) Chapter 7 .Chapter 12 OVERVIEW OF CHAPTER 12 All cases concerning national security must be referred to the Citizenship Help Desk.

Chapter 12 WHERE AN ADVERSE SECURITY ASSESSMENT OR QUALIFIED SECURITY ASSESSMENT HAS BEEN ISSUED AGAINST AN APPLICANT ASIO may provide to DIAC a qualified or adverse security assessment in relation to a person who has made an application for Australian citizenship.ACIs . DIAC must: notify the applicant under s38(1) of the ASIO Act that the assessment has been made against the applicant attach a copy of the assessment to the notification and inform the applicant of their right to have the assessment reviewed by the Security Appeals Tribunal (this information must be given in accordance with Form 1 in Schedule 1 to the ASIO Regulations). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 12 . All cases concerning national security must be referred to the Citizenship Helpdesk. Within 14 days of receiving the assessment from ASIO.p 183 .

If the applicant is stateless and was born outside Australia to an Australian citizen parent. an application for citizenship must not be approved if the applicant has been convicted of a national security offence.Chapter 12 WHERE THE APPLICANT IS STATELESS If the applicant is stateless and was born in Australia. an application for citizenship must not be approved if the applicant: has been convicted of national security offence or has been convicted of an offence (in Australia or overseas) and sentenced to a period of imprisonment for at least 5 years.p 184 .ACIs . Note: There is a discretion for the Minister to approve an application if it would be unfair to refuse it on the basis of the person’s conviction. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 12 .

Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 .Chapter 13 CHAPTER 13 .OFFENCES AND PROSECUTIONS UNDER THE ACT This chapter comprises: Overview of Chapter 13 Offences under the Act Action on offences Investigation of possible offences Time limits for prosecution.ACIs .p 185 .

and Division 5 (Personal Identifiers). and destroying of identifying information and they only apply where the identifying information in question is a personal identifier provided under Division 5 of Part 2 of the Act. False statements or representations may result in a cancellation of an approval or in cases where citizenship is already conferred. storage and destruction of. Revocation can only be considered when the person is convicted of an offence under that section. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 . Division 5 of Part 2 of the Act refers to the requirement for. Part 3 provides for offences in respect of false statements or representations made in relation to an application for citizenship. disclosure. Part 3 also outlines the geographical jurisdiction for the offences under the Act. revocation of that citizenship. Division 4 of Part 2 of the Act provides that it is an offence to fail to surrender evidence of Australian citizenship when requested to do so following the cancellation of that evidence. and to alter evidence of Australian citizenship given under s37 of the Act. The offences relate to unauthorised access. and collection. and Part 3 (Other matters). use. personal identifiers for applications for citizenship and evidence of citizenship under the Act.ACIs .p 186 . modification or impairment.Chapter 13 OVERVIEW OF CHAPTER 13 The Act offence provisions are found in Part 2. Division 4 (Evidence of Australian Citizenship).

The person would need to be able to prove that they reasonably believed the threat to life and health was the purpose of the access.ACIs . Alterations which would give rise to prosecution under s39 include changes to personal particulars or other information with the intent to use the evidence in a fraudulent manner. The day must be at least 28 days after the day on which the request is made.Evidence of Australian Citizenship Division 5 . where a non-citizen’s details are substituted on the evidence for the purpose of obtaining benefits only available to an Australian citizen (such as an Australian passport). Alterations such as framing or laminating of the evidence would not of itself give rise to prosecution under s39. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 . The request must also specify how the person is to surrender the evidence and explain that a failure to comply with the request constitutes an offence. DIVISION 5 .Personal identifiers Part 3 of the Act. A request for surrender of evidence of Australian citizenship must be made in writing and specify the day on or before which the person must surrender the evidence. A person commits an offence if they fail to comply with a request to surrender their evidence of Australian citizenship.PERSONAL IDENTIFIERS This part comprises: Accessing identifying information (s42) Disclosing identifying information (s43) Unauthorised modification or impairment of identifying information (s44) Destroying identifying information (s45).Chapter 13 OFFENCES UNDER THE ACT This part comprises: Division 4 . The penalty is 12 months imprisonment. DIVISION 4 . Accessing identifying information (s42) Under s42 a person commits an offence if they access identifying information and are not authorised to access it for the purpose of which they have accessed it. the Minister can ask the person to surrender their evidence of citizenship.p 187 . A person does not commit an offence if there is reason to believe that accessing the identifying information is necessary to prevent or lessen a serious and imminent threat to life or health of the person or any person. The penalty is 10 penalty units. The penalty is imprisonment for 2 years or 120 penalty units or both.EVIDENCE OF AUSTRALIAN CITIZENSHIP If the Minister has revoked a person’s Australian citizenship under s34 (Revocation of citizenship). or cancelled evidence under s37(6) (Evidence of Australian citizenship). For example. Altering evidentiary notice (s39) Under s39 a person commits an offence if they alter or cause or permit to be altered a notice (evidence) of Australian citizenship given under s37 of the Act.

See Chapter 11 . specifically s42(2)(b). or intends to cause. If so. Disclosing identifying information (s43) Under s43 a person commits an offence if that person’s conduct causes disclosure of identifying information and the disclosure is not a permitted disclosure.ACIs . Where there has been a disclosure to a person who is not an entrusted person and the disclosure is a permitted disclosure. any unauthorised impairment of the reliability of identifying information. These are the circumstances relating to ‘secondary disclosure’. Offence provisions do not apply to people who access information via a ‘secondary disclosure’ to which s43(1)(a) applies. impairment of the reliability of identifying information.Personal identifiers. A note is included at the end of s42(2) which specifies that the defendant bears an evidential burden in relation to any offence under the section.Personal identifiers. or intends to cause. specifically s43(1B)). The penalty is imprisonment for 2 years or 120 penalty units or both. A note is also included to specify that the defendant bears an evidential burden in relation to any offence under the section.p 188 . A note is included at the end of the section to say that while ‘secondary disclosures’ are not covered by this Act. the offence provision does not apply to any further disclosure of the identifying information to a person who is not an entrusted person. Where there has been a disclosure to a person who is not an entrusted person and the disclosure is a permitted disclosure. the person may also have committed an offence. specifically s43(1A). This is called a ‘secondary disclosure’. See Chapter 11 . The person would need to be able to prove that they reasonably believed the treat to life and health was the purpose of the disclosure. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 . the offence provision does not apply to any modification or impairment of that identifying information by a person who is not an entrusted person. any unauthorised modification to identifying information. and impairment of the operation of a system by which identifying information is stored is unauthorised if the person is not entitled to cause that modification or impairment. See Chapter 11 . Having an ulterior purpose is no excuse for knowingly causing an unauthorised modification or impairment.Personal identifiers. impairment of the security of identifying information.Personal identifiers. It is an offence if a person causes. See Chapter 11 . Modification of identifying information. specifically at s44.Chapter 13 A person does not commit an offence if the access of the personal identifier is through a disclosure that is a permitted disclosure. the security of the storage of identifying information or the operation of a storage system of identifying information. specifically s43(1A). See Chapter 11 . specifically s42(2)(a). Information Privacy Principle (IPP) 11 of the Privacy Act 1988 may apply. See Chapter 11 . A person is said to have caused any such unauthorised modification or impairment if the person’s conduct substantially contributes to it. and the person knows the modification is unauthorised. A person does not commit an offence if there is reason to believe that disclosing the identifying information is necessary to prevent or lessen a serious and imminent threat to life or health of the person or any person.Personal identifiers. The penalty is imprisonment for 2 years or 120 penalty units or both.Personal identifiers. It is an offence if a person causes. The penalty is imprisonment for 2 years or 120 penalty units or both. Unauthorised modification or impairment of identifying information (s44) Modification or impairment by a person is unauthorised if the person is not entitled to cause it.

and if the false information was material to the person obtaining permanent residence. False statements or representations (s50) Under s50 a person commits an offence if they knowingly make. s135. a false or misleading statement or representation for a purpose of or in relation to the Act. a primarily consideration is whether the application was likely to have been refused had the decision maker. serious consideration should be given to the commencement of prosecution action. Where the alleged offence under s50 comes to notice after conferral of citizenship. s135. the identifying information must be destroyed. PART 3 OF THE ACT This part comprises: False statements or representations (s50) Geographical jurisdiction for offences (s51). specifically at s45.2. A person also commits an offence if they behave in a way which conceals a material circumstance for a purpose in relation to the Act. s134. The penalty is imprisonment for 12 months.4 or s136. In some situations the provision of false statements or representations in the citizenship application may replicate a deception that occurred in the person’s application for entry to Australia. For example.1 of the Criminal Code. s236. or cause to be made. If convicted under these sections. they might knowingly provide false or misleading information in their application for citizenship.2.ACIs . The penalty is imprisonment for 12 months.1. The penalty is imprisonment for 2 years or 120 penalty units or both (s45(1)). Further information on “destroying identifying information” can be found at Chapter 11 . The offence provision does not apply if the identifying information is a measurement of a person’s height and weight. An offence is committed if a person is responsible for identifying information and the person fails to destroy the information as soon as possible after the person is no longer required under the Archives Act 1983 to keep the identifying information. consideration may be given to revocation of citizenship. unless identifying information is lawfully disclosed by an entrusted person to someone who is not an entrusted person who afterwards modifies or impairs the information. be an alternative to prosecution under s50.Personal identifiers.Chapter 13 An unauthorised modification or impairment of the identifying information is allowed if it is required under a warrant issued under an Australian law. A conviction under s50 is necessary to enable consideration to be given to revocation of a person’s citizenship. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 . s243 or s244 of the Migration Act or s134. For example. in some situations. been in possession of the information withheld or obscured by the applicant. If the outcome of the application is likely to have been affected by this information. A person may be prosecuted for such an offence under s234.1. Destroying identifying information (s45) Under s45 identifying information is to be kept by the Department for as long as it is required to be kept by law. This also includes any secondary information which has been taken indirectly from these types of identifiers. Prosecution under the Migration Act or the Criminal Code may. s135. at the time of decision.p 189 . If there is no longer a purpose or reason for keeping the information. they may neglect to mention the conviction of a ‘serious offence’ in their application for citizenship. a photograph or other image of a person’s face and shoulders and a person’s signature cannot be destroyed. in the manner described above.

cancellation of approval may be considered under s25(2)(b)(iii) of the Act.6(1). a successful prosecution under s50 would be necessary if revocation of citizenship is to be considered. which effectively means that a conviction under a different statute would preclude a subsequent conviction under s50.” This provides that if an offence under this Act occurs outside Australia. This is the widest form of geographical jurisdiction for offences. it still constitutes an offence under Australian law.4 of the Criminal Code applies to all offences against the new Act.2(1). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 .ACIs . section 11. If a conviction in relation to an alleged offence of the type referred to in s24(6) is not recorded. The Crimes Act provides that a person cannot be punished twice. it is unlikely that prosecution action would be appropriate. the offence applies: (a) whether or not the conduct constituting the alleged offence occurs in Australia.3 and section 11. Note: The expression offence is given an extended meaning by section 11. Section 15. the application may proceed to approval or refusal. for example a minor conviction or one that occurred many years ago. if the provision of false or misleading information was only in respect of the citizenship application. If an alleged offence under s50 (including failure to disclose charges or convictions as specified in s24(6)) comes to notice before approval of citizenship. Geographical jurisdiction for offences (s51) Section 51 of the Act provides that s15. it would be appropriate to consider whether or not the person is prosecuted in relation to the alleged offence.p 190 .Chapter 13 However.4 of the Criminal Code states: “If a law of the Commonwealth provides that this section applies to a particular offence. If the information would not have affected the decision. and (b) whether or not a result of the conduct constituting the alleged offence occurs in Australia. If a conviction is recorded after approval but before conferral.

or are alleged to have occurred. A conviction is a pre-condition to consideration of revocation of Australian citizenship under s34. Prosecution may be an appropriate response in some situations.ACIs . depends on a number of issues including: whether the act constituting the offence is material to the decision to approve a citizenship application the seriousness of the offence the need to maintain the integrity of the Australian citizenship process the prospects of securing a conviction and the need to pursue revocation under s34.Cessation of Australian citizenship.p 191 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 .Chapter 13 ACTION ON OFFENCES The action that should be taken where offences under the Act have occurred. see Chapter 8 . particularly the alleged offender has acquired Australian citizenship through deceit.

Chapter 13 INVESTIGATION OF POSSIBLE OFFENCES Investigations in relation to alleged fraud on Departmental programmes are the responsibility of the Department’s Investigations units in Sydney. citizenship staff should consider the factors at Action on offences before referral to an Investigation Unit. Where it is clear that an offence under s50 has occurred (as opposed to an allegation of an offence).mailbox@immi. and involving possible offences under s38 (surrender of evidentiary notice) or s41. s44 and s45 (personal identifiers) should be referred to the relevant state/territory Investigation unit for consideration. Cases are referred to the respective state or regional Investigations Unit for appropriate action. Other possible outcomes include administrative actions such as visa refusal or cancellation. Decisions on referral in STOs should be made by the Citizenship Manager. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 . in certain circumstances. Brisbane. the Investigations Unit may prepare a brief for evidence for the Commonwealth Director of Public prosecutions (CDPP).ACIs . Perth and. Department staff who become aware of any cases of fraud or possible fraud should refer the information to the National Office’s Fraud Investigations Mailbox: Fraud. The National Investigation Guidelines provide detailed guidance to Departmental Investigations staff on the investigation and prosecution of offences under Citizenship and Migration legislation. Melbourne.central. Advice can be sought from the Citizenship Help Desk. Only those s39 offences involving deliberate fraud should be referred to an Investigation Unit. Decisions are made by the relevant programme areas based on information received from the Investigation units. The Department Dob-in Line receives and deals with allegations of fraud made by members of the public. Referral to an Investigation Unit for action would not be necessary where the incorrect information provided would clearly have been no consequence to the outcome of the application. Adelaide.gov.office. the National Investigation Section in National Office. Where a person is convicted under s50 the Citizenship Help Desk should be immediately informed so that consideration can be given to revocation of Australian citizenship.au This mailbox is only for referral by Departmental staff and is not for use by members of the public.p 192 . s42.investigation. s43. including possible offences under s50 (false statements or representations) or s39 (altering evidentiary notice). Allegations of fraud in relation to the citizenship program. Where sufficient evidence of an alleged offence has been obtained.

provides that unless a time limitation is specified in the relevant Act. a person may be prosecuted at any time for any offence which carries a penalty of more than 6 months imprisonment and a prosecution for any other offence must be commenced within 12 months after the commission of the offence. A prosecution for an offence under s50 can be commenced at any time. HISTORICAL PROVISIONS From 1958 to 1997 s50(2) of the old Act stated: “a prosecution for an offence against section (1) may be commenced at any time within 10 years after the commission of the offence” On 10 April 1997 the Act was amended with the addition of the following: “(3) If a person: (a) is an Australian citizen pursuant to a certificate of Australian citizenship.ACIs . The migration fraud provisions commenced on 10 April 1997. there is no time limit for the prosecution of fraud in relation to a citizenship application if the application was lodged on or after 10 April 1997. and (b) made the application after the commencement of this section a prosecution of the person for an offence against section (1) in connection with the person’s application for the certificate may be commenced at any time.” In summary. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 13 .p 193 . Otherwise. The serious offences provision (serious offences committed prior to the grant of citizenship for which the person was convicted) was introduced in November 1984.Chapter 13 TIME LIMITS FOR PROSECUTION Sometimes there is a time limit on commencing a prosecution for a particular offence. s15B of the Crimes Act 1914.

p 194 .Character requirements for New Zealand citizens.NEW ZEALAND CITIZENS IN AUSTRALIA This chapter comprises: Overview of Chapter 14 Status of New Zealand citizens in Australia Australian citizenship status of children born in Australia to New Zealand citizen parents Attachment A .ACIs .Chapter 14 CHAPTER 14 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 .

The most recent of these arrangements. live and work. the 1973 Trans-Tasman Travel Arrangement. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 . The key dates are from 26 January 1973 to 31 August 1994. the status of New Zealand citizens in Australia for the purposes of Australian citizenship legislation has changed over time. allows Australian and New Zealand citizens to enter each others’ country to visit.Chapter 14 OVERVIEW OF CHAPTER 14 Under various arrangements since the 1920s. This chapter covers the status of New Zealand citizens during the above periods in relation their eligibility for Australian citizenship as well as the Australian citizenship status of their children born in Australia. from 1 September 1994 to 26 February 2001 and from 27 February 2001 until the present time.p 195 .ACIs . there has been a free flow of people between Australia and New Zealand. without the need to apply for authority to enter the other country. However.

The declaration only extended to periods spent in Australia. New Zealand citizens who held a SCV were considered to be permanent residents for citizenship purposes unless: the New Zealand citizen was present as a diplomatic representative (or their spouse or dependent child) of New Zealand and was the holder of a special purpose visa (granted to certain diplomats. The declaration under s5A(2) of the old Act was extended on 29 November 2004 to include certain New Zealand crew members as permanent residents for citizenship purposes if they: were holders of special purpose visas. There was no provision to regard “exempt non-citizens” as permanent residents while outside Australia. This was achieved through a declaration made under s5A(2) of the old Act which provided that certain non-citizens could be regarded as permanent residents for the purposes of that Act. A New Zealand citizen who arrived in Australia on or after 1 September 1994. A New Zealand citizen who was already present in Australia and did not hold any other visa automatically became a holder of an SCV from 1 September 1994. for the purposes of the old Act. This meant that an entry permit was not required. In certain circumstances a New Zealand citizen was considered not to be an “exempt non citizen”. They were considered to be an “exempt non-citizen” for the purposes of the Migration Act. presented bogus documentation when entering Australia or had been deported from Australia or another country. was generally granted an SCV.Chapter 14 STATUS OF NEW ZEALAND CITIZENS IN AUSTRALIA This section comprises: 26 January 1973 to 31 August 1994 1 September 1994 to 26 February 2001 27 February 2001 to present Centrelink certificates Overview of Status of New Zealand citizens. 26 JANUARY 1973 TO 31 AUGUST 1994 Between 26 January 1973 and 31 August 1994. granted on the basis of the person’s status as an airline crew member or an airline positioning crew member and were ‘ordinarily’ resident in Australia. A Special Category Visa (SCV) was introduced for New Zealand citizens. This was achieved through a declaration under s5(A2) of the old Act. However. An “exempt non-citizen” in Australia was regarded as a “permanent resident”.ACIs . and presented to an immigration clearance officer a valid New Zealand passport and an incoming passenger card. For example. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 . a New Zealand citizen could enter Australia on presentation of their New Zealand passport. These related to matters of health and character concern. officials. had criminal convictions. for the period from 1 September 1994 to 26 February 2001. The SCV is not a permanent visa. 1 SEPTEMBER 1994 TO 26 FEBRUARY 2001 On 1 September 1994 amendments to the Migration Act required all non citizens to hold visas. crew or armed forces and their families). if the person suffered from certain health conditions.p 196 .

granted on the basis of the person’s status as an airline crew member or an airline positioning crew member and were ‘ordinarily’ resident in Australia. unless: they held a permanent visa granted under the Migration Act were in Australia on 26 February 2001 as holders of a SCV or were outside Australia on 26 February 2001 but were in Australia as the holder of a SCV for one or more period totalling 12 months in the 2 years prior to 26 February 2001 or did not fall within the above two categories but have a Centrelink certificate. that states that the person was.p 197 .ACIs .Chapter 14 27 FEBRUARY 2001 TO PRESENT On 26 February 2001 a revised social security arrangement was announced jointly by the Governments of Australia and New Zealand. For those who were in Australia on 26 February 2001 but ‘temporarily absent’ and not on income support. For example. OVERVIEW OF STATUS OF NEW ZEALAND CITIZENS Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 . On the same date. These people are still considered as permanent residents for the purpose of the new Act. The declaration made under s5A(2) of the old Act continued to include certain New Zealand crew members as permanent residents for citizenship purposes if they: were holders of special purpose visas. for those who had commenced to reside in Australia within 3 months of 26 February 2001. residing in Australia on a particular date. CENTRELINK CERTIFICATES A Centrelink certificate provides evidence that the person whose name and other particulars appear on the certificate falls under the transitional provisions and is deemed to be a permanent resident for citizenship purposes (on or after 27/2/01) in Australia. Centrelink issued certificates to people who contacted them and who met one of the following requirements: were existing recipients of social security payments who were outside Australia on 26 February 2001 but returned within 26 weeks of that date arrived to reside in Australia between 27 February 2001 and 25 May 2001 (inclusive) and have a Centrelink certificate certifying that they have. established residence in Australia. Those on income support and temporarily absent were contacted by Centrelink and issued with certificates as appropriate. certificates were issued until 26 February 2002. issued under the Social Security Act 1991. the Australian Government also announced that New Zealand citizens would no longer be considered as permanent residents for Australian citizenship purposes. Centrelink issued certificates until 26 February 2004. People in this category must have lodged an application for a Centrelink certificate before 26 February 2004 or were part of a very small group who established permanent residence in Australia but were unable to be physically present in Australia in the 3 months immediately following 26 February 2001 and who applied to Centrelink by 26 February 2002. under the Social Security Act. church workers and aid workers who would have experienced hardship if they had to return by 26 May 2001. for the purposes of social security. this group includes business people.

Only if they: (1) were in Australia as the holder of a SCV for a period or period totalling 12 months in the previous 2 years OR (2) have a Centrelink certificate stating that they were residing in Australia. No entry permit required. detailed below.Chapter 14 Status of New Zealand citizens 26 January 1973 to 31 August 1994 Visa granted Considered as permanent residents for citizenship purposes? Only for periods present in Australia. Considered as “exempt noncitizens”. 27 February 2001 to present Special category visa (SCV) Permanent visa Special purpose visa (SPV) Transitional provisions: Outside Australia on 26 February 2001 Special category visa (SCV) Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 . Only if the SPV was granted on the basis of the person’s status as airline crew member or airline positioning crew member and were ordinarily resident in Australia.ACIs . unless covered by transitional provisions. No. Only if the SPV was granted on the basis of the person’s status as airline crew member or airline positioning crew member and were ordinarily resident in Australia. Yes.p 198 . Special category visa (SCV) Special purpose visa (SPV) 1 September 1994 to 26 February 2001 Yes.

ACIs . An overview of requirements is given below for the following: 27 February 2001 to the present 1 September 1994 to 26 February 2001 20 August 1986 to 31 August 1994 26 January 1949 to 19 August 1986 Automatic acquisition of citizenship on 10th birthday Overview of status of the children of New Zealand citizens born in Australia. and ‘ordinarily resident’ in Australia. crew or armed forces and their families) unless the parent is the holder of special purpose visas. and ‘ordinarily’ resident in Australia. 27 FEBRUARY 2001 TO THE PRESENT A child born in Australia to New Zealand citizen parents is an Australian citizen by birth only if the New Zealand citizen parent/s: held a permanent visa at the time of the child’s birth was present in Australia on 26 February 2001 as the holder of a special category visa was outside Australia on 26 February 2001 but had been in Australia as the holder of a special category visa for a period totalling not less than one year in the two years immediately before that date does not fall within the above two categories but has a Centrelink certificate. A child born in Australia to New Zealand citizen parents is not an Australian citizen by birth if the parent is: the diplomatic representative of New Zealand (or the spouse or dependent child of one) or the holder of a special purpose visa (granted to certain diplomats. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 .Chapter 14 AUSTRALIAN CITIZENSHIP STATUS OF CHILDREN BORN IN AUSTRALIA TO NEW ZEALAND CITIZEN PARENTS The Australian citizenship status of children born to New Zealand parents has changed over time. and ‘ordinarily’ resident in Australia. that states that they were. issued under the Social Security Act 1991. depending on the date of birth and the residence status of the New Zealand parents. resident in Australia or the parent is the holder of special purpose visas. granted on the basis of the person’s status as an airline crew member or an airline positioning crew member.p 199 . That is. the New Zealand parent was at the time of the birth the holder of a permanent visa or a special category visa and was not: a diplomatic representative of New Zealand (or a spouse or dependent child of one) or the holder of a special purpose visa (granted to certain diplomats. officials. granted on the basis of the person’s status as an airline crew member or an airline positioning crew member. granted on the basis of the person’s status as an airline crew member or an airline positioning crew member. officials. crew or armed forces and their families) unless the parent is the holder of special purpose visas. for the purposes of that Act. 1 SEPTEMBER 1994 TO 26 FEBRUARY 2001 A child born in Australia to a New Zealand citizen parent was an Australian citizen at birth if at the time of birth the New Zealand citizen parent was a permanent resident as defined for the purposes of the old Act in force at that time.

10th birthday . For further information on the interpretation of ordinarily resident. or has a Centrelink certificate. or holder of a special purpose visa.only if the parent is a permanent resident for the purposes of the Act. These children may have acquired Australian citizenship automatically on their 10th Birthday if they were ordinarily resident in Australia since their birth in Australia. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 . AUTOMATIC ACQUISITION OF CITIZENSHIP ON 10TH BIRTHDAY A child born in Australia on or after 20 August 1986. See Automatic acquisition of citizenship on 10th birthday.p 200 . unless the parent was a diplomat. who did not acquire Australian citizenship at birth.Chapter 14 20 AUGUST 1986 TO 31 AUGUST 1994 Between 26 January 1973 and 31 August 1994 a New Zealand citizen was an exempt non citizen if they last entered Australia by presenting a New Zealand passport as evidence of their New Zealand citizenship.ACIs . OVERVIEW OF STATUS OF THE CHILDREN OF NEW ZEALAND CITIZENS BORN IN AUSTRALIA A child born in Australia 27 February 2001 to present Is an Australian citizen At birth . see Chapter 1 . but was ordinarily resident in Australia would have automatically become an Australian citizen on their 10th birthday in 1996. 26 JANUARY 1949 TO 19 AUGUST 1986 A child born in Australia was an Australian citizen at birth unless they were the child of a diplomat. This provision operates regardless of the parent’s migration or citizenship status. a child born in Australia in 1986 and who did not acquire citizenship at birth.only if the child was ordinarily resident in Australia since their birth in Australia. or held a special purpose visa (SPV) on the basis of the parent’s status as airline crew member or airline positioning crew member and they were ordinarily resident in Australia.Preliminary and definitions. Is NOT an Australian citizen If the parent is a diplomatic representative of New Zealand. From 20 August 1986 to 31 August 1994 a child born in Australia to New Zealand citizens who were exempt non-citizens did not automatically acquire Australian citizenship. spouse or dependent of one. automatically acquires it on their 10th birthday if they have been ordinarily resident in Australia for 10 years from birth. Hence.

spouse or dependent of one. If the parent was a diplomat.unless the parent was a diplomat. 26 January 1949 to 19 August 1986 At birth . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 .only if the child was ordinarily resident in Australia since their birth in Australia If the parent is a diplomatic representative of New Zealand. or holder of a special purpose visa.only if the child was ordinarily resident in Australia since their birth in Australia Is NOT an Australian citizen If the parent is a diplomatic representative of New Zealand.ACIs .p 201 . 20 August 1986 to 31 August 1994 At birth .Chapter 14 A child born in Australia 1 September 1994 to 26 February 2001 Is an Australian citizen At birth . 10th birthday . spouse or dependent of one. 10th birthday .only if the parent held a permanent visa. or holder of a special purpose visa.only if the parent held a special category visa or held a special purpose visa (SPV) on the basis of the parent’s status as airline crew member or airline positioning crew member and they were ordinarily resident in Australia.

listed on the Consent to Disclosure of Information Form. They will need to mail it or fax it to the above address or fax number.immi.nz/privacy/. They should then insert their office location at the bottom of the Consent to Disclosure of Information Form. New Zealand citizens who arrived in Australia before the age of 18 years and have not left Australia since are not required to provide the personal records information.au) as well as a Consent to Disclosure of Information Form. Once the forms have been lodged by the client the processing office should initiate a case referral in ICSE to request a penal check. by Diplomatic Bag.govt.gov. The Full Record of Convictions should be attached to the citizenship application. Wellington. If there is a need to verify the document or the information contained on the document applicants should be requested to complete a Form 80 Personal particulars for character assessment (available from www.gov. This applies to New Zealand citizen applicants aged 18 years or over regardless of how long the person has resided in Australia.Chapter 14 ATTACHMENT A . New Zealand citizens are required to complete a Form F1. Decision makers must consider the personal records information along with the results of CrimTrac and other checks conducted by the Department as part of the character assessment for conferral of Australian citizenship.CHARACTER REQUIREMENTS FOR NEW ZEALAND CITIZENS CHARACTER REQUIREMENTS FOR NEW ZEALAND CITIZENS APPLYING FOR AUSTRALIAN CITIZENSHIP BY CONFERRAL New Zealand citizen applicants who do not hold a permanent visa are required to obtain overseas penal clearance certificates because generally they have not provided those certificates prior to becoming resident in Australia. PO Box 2750.gov. which is available from htttp://www. requesting a Full Record of Convictions. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 14 . Auckland will then finalise the referral in ICSE and return the results to the processing office. The New Zealand Police will then process the Forms and return the result to Auckland.citizenship. or “The Privacy Unit. Clients should use the form at www. The Diplomatic Bag should be addressed as follows: Referral Officer Citizenship Section DIAC Auckland Consulate NZ In the top hand corner write “Auckland Dip Bag” Upon receipt in Auckland it will be forwarded to New Zealand Police.html).embassy.au/wltn/CONSENTFORM. where it states “DIAC Office Use: Initiating DIAC Processing Office / Post (insert location)”. or any local district court in New Zealand. or by phoning +64 4 9188800 of by fax +64 4 9188974. National Office. it and Form 80 should be sent to Auckland Post in the Diplomatic Bag. Ministry of Justice. They must check the box on the Form F1. Once this part of the Form has been completed.au and NOT the form at http://www.p 202 . New Zealand”. which are visa forms.justice.newzealand.ACIs .

p 203 .Chapter 15 CHAPTER 15 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 .ACIs .PEOPLE BORN IN PAPUA NEW GUINEA This chapter comprises: Overview of Chapter 15 Citizenship by descent Citizenship by conferral Citizenship by resumption Evidence of Australian citizenship (s37).

but not for the purposes of the Migration Act. The emphasis is on the eligibility of people born in Papua prior to 16 September 1975. 16 September 1975. INTRODUCTION This part comprises: Papua prior to Independence New Guinea prior to Independence From Independence Day. People born in New Guinea who did not have the status of British subject or the citizenship of another country were Australian protected persons but were not Australian citizens by birth. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 . 16 September 1975 From 16 September 1975. As a result. From Independence Day. New Guinea prior to Independence New Guinea was a Trust Territory and was not defined as part of Australia under either the Australian Citizenship Act 1948 or the Migration Act. Prior to that date the External Territory of Papua (Papua) and Trust Territory of New Guinea (New Guinea) were two separate territories.Chapter 15 OVERVIEW OF CHAPTER 15 Papua New Guinea (PNG) became a sovereign nation on 16 September 1975. This chapter provides guidance on assessing applications for Australian citizenship and evidence of Australian citizenship under the Act. evidence and resumptions applications from people born in PNG prior to 16 September 1975 must be sent to the Dandenong Office for processing. PNG Independence Day. People born in New Guinea from 26 January 1949 could be registered as Australian citizens by descent if they had at least one parent who was an Australian citizen at the time of the birth.p 204 . the former territories of Papua and New Guinea were no longer part of Australia. This is because of the interaction between Australian law and the PNG Constitution which together created the independent country of PNG. People born in New Guinea could also apply to be naturalised as Australian citizens. However. Applications for Australian citizenship by descent should also be referred to the Dandenong Office where the claimed Australian citizen parent was born in PNG prior to 16 September 1975. people born in Papua acquired Australian citizenship at birth. PNG Independence Day. prior to Papua New Guinea (PNG) Independence on 16 September 1975 can be difficult. Papua prior to Independence Papua was defined as part of Australia for the purposes of the Australian Citizenship Act 1948. people born in Papua of indigenous descent who wanted to travel to the Australian States and internal territories were required to apply under the Migration Act for permission to do so. Assessing applications for Australian citizenship from people born in Papua. Papua was part of Australia for the purposes of the old Act but New Guinea was not. Those of non-indigenous descent were not required to apply.ACIs . Descent.

and Australian protected persons. if born in New Guinea. provided that people who were under the age of 19 years on 16 September 1975. People born in Papua and over the age of 19 years of age. Australian citizens who did not automatically acquire PNG citizenship on 16 September 1975 retained their Australian citizenship. Important: Decision makers should not to attempt to interpret PNG legislation. and who made a Declaration of Loyalty. An Australian citizen who acquired PNG citizenship between 16 September 1975 and 4 April 2002 by making a Declaration of Loyalty to PNG would have lost their Australian citizenship under s17 of the old Act. Australian citizens covered by the PNG Independence (Australian Citizenship of Young Persons) Regulations 1980. lost their Australian citizenship under Regulation 3 of those regulations. People under 19 years of age and held a foreign citizenship did not reacquire their Australian citizenship under the PNG Independence (Australian Citizenship of Young Persons) Regulations 1980. and who.Chapter 15 Most Australian citizens of indigenous descent. and who held a foreign citizenship in addition to their Australian citizenship did not acquire PNG citizenship and did not lose their Australian citizenship on 16 September 1975. they renounced their Australian citizenship and made a Declaration of Loyalty to PNG. or Australian protected person status. reacquired their Australian citizenship on Independence Day. The regulations also provided that these people ceased to be Australian citizens if. The PNG Independence (Australian Citizenship of Young Persons) Regulations 1980. if born in Papua. under the PNG Independence (Australian Citizenship) Regulations 1975. on Independence Day. automatically became PNG citizens on 16 September 1975 and automatically lost their Australian citizenship.p 205 .ACIs . had been granted Australian citizenship or registered as an Australian citizens by descent under the Migration Act. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 . Any concerns about the citizenship status of a person born in Papua prior to 16 September 1975 should be referred to the Citizenship Policy Section in National Office. had a right of residence in Australia or. before the age of 19 years.

People born in PNG on or after 16 September 1975 A person born in PNG on or after 16 September 1975. they are of good character. at least one parent who was an Australian citizen (or became an Australian citizen on 26 January 1949) and whether they are of good character. An APP could be granted Australian citizenship by naturalisation under the old Act.Citizenship by descent. automatically became an Australian Protected Person (APP).p 206 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 . at the time of their birth.Chapter 15 CITIZENSHIP BY DESCENT This part comprises: People born in Papua before 16 September 1975 People born in New Guinea before 16 September 1975 People born in PNG on or after 16 September 1975. A person born in New Guinea before 16 September 1975 with Papuan born Australian citizen parents would have ceased to be an Australian citizen on 16 September 1975 and would not be eligible for Australian citizenship by descent. at the time of their birth. aged 18 years or over. People born in Papua before 16 September 1975 People born in the External Territory of Papua prior to 16 September 1975 are not eligible for Australian citizenship by descent because they were born in Australia. See Chapter 3 . People born in the Trust Territory of New Guinea prior to 16 September 1975. at least one parent was an Australian citizen and if. and who did not have the status of British subject or the citizenship of another country (excluding Australia).ACIs . Eligibility will depend on whether they had. People born in New Guinea before 16 September 1975 People born in the Trust Territory of New Guinea prior to 16 September 1975 may be eligible for Australian citizenship by descent. may be eligible for Australian citizenship by descent if.

p 207 . If they made a Declaration of Loyalty to PNG before the age of 19 years they lost their Australian citizenship under those regulations and not s17.ACIs . because of the operation of s17 of the old Act. People born in Papua who were under the age of 19 on 16 September 1975. between 26 January 1949 and 16 September 1975. if they retained their Australian citizenship on 16 September 1975 at PNG Independence but subsequently made a declaration of loyalty to PNG before 4 April 2002. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 . to a parent who was born in Australia as geographically defined at the time the person applies . or people born in New Guinea who were under the age of 19 years on 16 September 1975 and had been naturalized or registered by descent. See Chapter 5 . A person would have lost their Australian citizenship.s21(6) or if they were born in Papua.Citizenship by conferral.Chapter 15 CITIZENSHIP BY CONFERRAL There are two circumstances in which a person born in PNG may be eligible for citizenship by conferral: if they were born after a parent lost their Australian citizenship because of the operation of s17 of the old Act (repealed on 4 April 2002) . reacquired their Australian citizenship under the PNG Independence (Australian Citizenship of Young Persons) Regulations 1980.s21(7). and had a right of permanent residence in mainland Australia.

p 208 . The two categories of people born in New Guinea prior to 16 September 1975 who ceased to be Australian citizens on Independence Day and are not eligible to resume Australian citizenship are: people who had two PNG grandparents and had not been registered as Australian citizens by descent or naturalised as an Australian citizen prior to 16 September 1975 (PNG Independence (Australian Citizenship) Regulations 1975) and people who had two PNG grandparents and had been registered as an Australian citizen by descent or naturalised as an Australian citizen prior to 16 September 1975 and made a Declaration of Loyalty to PNG before they turned 19 years of age (PNG Independence (Australian Citizenship of Young Persons) Regulations 1980). Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 .Resuming citizenship.ACIs . The two categories of people born in Papua prior to 16 September 1975 who ceased to be Australian citizens on Independence Day are not eligible to resume Australian Citizenship are: people who had two PNG grandparents and did not have a right of permanent residence in Australia on 16 September 1975 (the PNG Independence (Australian Citizenship) Regulations 1975) and people who had two PNG grandparents and the right of permanent residence in Australia. (PNG Independence (Australian Citizenship of Young Persons) Regulations 1980).Chapter 15 CITIZENSHIP BY RESUMPTION People who lost their citizenship under s17 or s18 of the old Act may be eligible to resume their Australian citizenship. Children did not lose Australian citizenship under s23 when their responsible parent made a Declaration of Loyalty and lost under s17 of the old Act if the children had become PNG citizens on 16 September 1975. Irian Jaya or certain Torres Straight Islands. or lost their Australian citizenship as a child on or after 16 September 1975 when a responsible parent renounced their citizenship. People may also have ceased to be citizens if they renounced their citizenship under s18 of the old Act. and before the age of 19 years renounced their Australian citizenship and made a Declaration of Loyalty to PNG. the Solomon Islands. New Guinea. PNG grandparents are grandparents born in Papua. See Chapter 7 . People who lost Australian citizenship under the legislation designed to create of an independent PNG are not eligible to resume Australian citizenship. or lost their Australian citizenship as a child on or after 16 September 1975 when a responsible parent lost under s17. People born in Papua and New Guinea who did not automatically cease to be Australian citizens on Independence Day may have subsequently lost their Australian citizenship under s17 of the old Act by making the Declaration of Loyalty to PNG or by acquiring the citizenship of another country. If the children subsequently made a Declaration of Loyalty to PNG they lost under the PNG Independence (Australian citizenship of Young Persons) Regulations 1980 and are not eligible to resume.

Irian Jaya or certain Torres Strait Islands and in the case of a person over 19 years of age born in Papua. Irian Jaya or certain Torres Strait Islands and who held the citizenship of a country other than Australia on PNG Independence Day or. Irian Jaya or certain Torres Strait Islands and had been granted the right of permanent residence in Australia or if over 19 years of age.ACIs . See Chapter 9 . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 15 . New Guinea. The PNG Constitution provided that Australian citizens born in Papua automatically became Papua New Guinea citizens on 16 September 1975 if: they had at least two grandparents born in Papua. PEOPLE BORN IN PAPUA BEFORE 16 SEPTEMBER 1975 Most people born in Papua prior to 16 September 1975 who acquired PNG citizenship automatically on Independence Day are not Australian citizens and are therefore not eligible for evidence of Australian citizenship. held the citizenship of another country on PNG Independence Day . and whose Australian citizen parent was born in one of the Australian states or internal territories or who had at least two grandparents born in Papua. the Solomon Islands.Chapter 15 EVIDENCE OF AUSTRALIAN CITIZENSHIP (S37) This part comprises: People born in Papua before 16 September 1975 People born in New Guinea before 16 September 1975. by making a Declaration of Loyalty to PNG. they did not have a right of permanent residence in Australia nor the citizenship of a country other than Australia. New Guinea. A person born in New Guinea prior to 16 September 1975 may be eligible for evidence of Australian citizenship if they: were naturalised as Australian citizens under the old Act or had been registered as an Australian citizen by descent under the old Act or were born in New Guinea and were a British subject immediately prior to 26 January 1949 or were a British subject or ordinarily resident in New Guinea and Australia for the 5 year periods between 26 January 1944 and 26 January 1949 and did not make a Declaration of Loyalty to PNG. For example. People born in Papua prior to PNG Independence who did not lose their Australian citizenship on 16 September 1975 are those: who had no grandparents born in Papua. the Solomon Islands.Evidence of Australian citizenship. the Solomon Islands. New Guinea.p 209 . Decision makers should consider whether an applicant in one of these categories has since lost their Australian citizenship. PEOPLE BORN IN NEW GUINEA BEFORE 16 SEPTEMBER 1975 Most people born in New Guinea prior to 16 September 1975 who acquired PNG citizenship automatically on Independence Day are not Australian citizens and are therefore not eligible for evidence of Australian citizenship.

p 210 .Chapter 16 CHAPTER 16 .CITIZENSHIP TEST This chapter comprises: Overview of Chapter 16.ACIs . Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 16 .

Division 2 (Subdivision B) of the Act . (e) and (f) is that the person has successfully completed a test approved in a determination (made by the Minister under s23A).see Chapter 5 . The Minister has also. Section 21(2A) provides that the only way the Minister can be satisfied that the applicant meets s21(2)(d). If a person does not meet the criteria they cannot sit an approved test. Applicants who satisfy s21(3) . or to continue to reside. and a basic knowledge of the English language. It is also on the Department’s website. for people with low levels of literacy or with a physical impairment that prevents them from completing the standard test and a course-based test for vulnerable clients who require assistance in learning and are unable to undertake a computer based test even with assistance. A copy of the Minister’s determination is in LEGEND (and LEGEND. The Australian citizenship test is designed to assess whether a person has an adequate knowledge of Australia and the responsibilities and privileges of citizenship. Applicants satisfying the criteria under s21(2) of the Act must: (a) (b) (c) (d) (e) (f) (g) (h) be aged 18 years or over be a permanent resident satisfy the residence requirements or have completed relevant defence service understand the nature of the application possess a basic knowledge of the English language have an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship be likely to reside. The Minister has approved three citizenship tests under s23A of the Act: a Standard Test an Assisted Test. However there is no legal barrier to them doing so unless they do not meet the eligibility criteria in the Minister’s determination.(8) are not required to sit a test.com) under the Legislative instruments or similar tag. The Minister’s determination specifies that a person must successfully complete the citizenship test within 6 months of lodging their application for citizenship by conferral. Australian Citizenship Instructions (ACIs) Department of Immigration and Citizenship National Office 1 January 2011 Chapter 16 .Chapter 16 OVERVIEW OF CHAPTER 16 The requirements for Australian citizenship by conferral are set out in Part 2.p 211 .ACIs . The requirement to have an ‘adequate knowledge of Australia and of the responsibilities and privileges of Australia citizenship’ is linked to the concepts and information people need to understand in order to make the Pledge of Commitment. set out the criteria which a person must meet to sit an approved test. The requirement for citizenship applicants to ‘possess a basic knowledge of the English language’ is understood as having a sufficient knowledge of English to be able to exist independently in the wider Australian community. by determination. in Australia or maintain a close and continuing association and be of good character.Citizenship by conferral.