australian citizenship by descent meaning

If you are a citizen by descent, you need to register your citizenship to make it official and to get a passport. • you are a stateless person: see subsection 21(8). Subdivision AA—Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement. (18) An instrument exercising any of the Minister’s powers under this section is not a legislative instrument. (8) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth). Citizenship by conferral is covered by Subdivision B. (c) done something else related to the making of a decision or the exercise of a power or the compliance with an obligation; that was made, exercised, complied with or done by the operation of a computer program under such an arrangement. Sections 1 and 2 and anything in this Act not elsewhere covered by this table. 29 Application and eligibility for resuming citizenship. You will be registered if the Minister approves you becoming an Australian citizen again. (1) If a person makes an application under section 21, the Minister must, by writing, approve or refuse to approve the person becoming an Australian citizen. (c) the person does so for a purpose of or in relation to this Act. (a) the person is given a request that is in accordance with this section; and. (b) state that the document has been seized; and, (c) specify the reason for the seizure; and. (5) For the purposes of this section, a person has been convicted of a serious offence if: (a) the person has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to death or to a serious prison sentence; and. (8) The Minister must, in writing, revoke a determination made under subsection (1) in relation to a person if: (a) a conviction because of which the determination was made is later overturned on appeal, or quashed, by a court; and, (b) that decision of that court has not been overturned on appeal; and. (b) proceedings that relate to an application for review under section 52. functioning correctly: a computer program is functioning correctly if: (a) outcomes from its operation comply with this Act and the regulations; and. (8) A person is eligible to become an Australian citizen if the Minister is satisfied that: (a) the person was born in Australia; and, (i) never been a national of any country; and, (ii) never been a citizen of any country; and, (i) is not entitled to acquire the nationality of a foreign country; and. The applicant became an Australian citizen at birth unless the applicant’s father was a foreign diplomat. You may be eligible for Australian citizenship by descent or adoption if: 1. (c) the person was a permanent resident during each period of absence; then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence. (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it. (6) For the purposes of subsection (3), if: (a) a person causes any modification or impairment of a kind mentioned in that subsection; and. You may be eligible to become an Australian citizen under this Subdivision in 7 situations: • you satisfy the general eligibility criteria and have successfully completed a citizenship test: see subsections 21(2) and (2A); or, • you have a permanent or enduring physical or mental incapacity: see subsection 21(3); or, • you are aged 60 or over or have a hearing, speech or sight impairment: see subsection 21(4); or, • you are aged under 18: see subsection 21(5); or, • you were born to a former Australian citizen: see subsection 21(6); or, • you were born in Papua: see subsection 21(7); or. Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). Australian citizenship by descent: From date of application to decision* 54 days: 4 months: Evidence of Australia citizenship: From date of application to decision* 5 days: 11 days * Allow an extra 10 days after approval of your application for printing and postage of your citizenship document. (3) A request given to a person under subsection (1) or (2) must: (b) specify the day on or before which the person must surrender the notice (which must be a day at least 28 days after the day on which the Minister makes the request); and, (c) specify how the person is to surrender the notice to the Minister; and. (d) impairment of the operation of a system by which identifying information is stored; by a person is unauthorised if the person is not entitled to cause that modification or impairment. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging. Disclosing identifying information.................................................... 44.......... Unauthorised modification or impairment of identifying information. (6) A person is covered by this subsection if: (a) at the time the person made the application under section 29, the person: (7) The Minister may decide that subparagraph (5)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person. 19C Application and eligibility for citizenship. (7) This section does not apply in relation to conduct by a person unless: (a) the person was not in Australia when the person engaged in the conduct; or. In certain cases where you previously ceased to be an Australian citizen, you can apply for your citizenship to resume. • An Australian citizen has the privilege of registering their children who are born overseas as Australian citizens by descent. Penalty for contravention of this subsection: 10 penalty units. service: a person undertakes service in the Permanent Forces or the Reserves only if the person is appointed, enlisted or transferred into any of the Permanent Forces or the Reserves. (d) a declaration under section 35AA is disallowed by either House of the Parliament, and the person’s citizenship would not have ceased under this section if that declaration had not been made. (b) in any other case—any means of identifying it with the person to whom it relates is destroyed. (b) applications made under this Act before the determination takes effect that have not been decided before the determination takes effect. You might be eligible for citizenship by descent if you: were born overseas, and; have at least 1 parent who was a New Zealand citizen by birth or grant when you were born. (8) If the person has at any time ceased to be an Australian citizen, the Minister must not approve the person becoming an Australian citizen during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen. Ministerial discretion—person in Australia would suffer significant hardship or disadvantage. (e) the applicant has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection: (i) the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and, (ii) the applicant will be present in Australia for a total of at least 180 days during that 2‑year period; and. 34 Revocation by Minister—offences or fraud, Citizenship by descent or for persons adopted in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement. An Act to amend the Australian Citizenship Act 1948, and for related purposes [Assented to 25 October 1984] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (7A) The Minister may decide that subparagraph (6)(a)(ii) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s conviction, the Minister is satisfied that it would be unreasonable for that subparagraph to apply in relation to the person. Note: See section 24 of the Archives Act 1983 on the obligation to keep the identifying information. (24) To avoid doubt, a person’s citizenship is taken never to have ceased under this section because of particular conduct if: (a) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not engage in the conduct or have the requisite intention under subsection (3) of this section; or, (b) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time of the conduct; or, (c) the Minister makes a determination under subsection (14) in relation to the conduct to exempt the person from the effect of this section; or. (c) for an event mentioned in paragraph (1)(c)—the matters that are the basis for the determination. (1) A declared terrorist organisation is any terrorist organisation, within the meaning of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code, that the Minister, by legislative instrument, declares is a declared terrorist organisation for the purposes of this section. (a) the person makes, or causes or permits to be made, a representation or statement; and, (b) the person does so knowing that the representation or statement is false or misleading in a material particular; and. Note: A person cannot become an Australian citizen under this Subdivision unless the Minister approves the person becoming an Australian citizen. (d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice: (ii) for a declaration that the document is not forfeited. (6) The power under subsection (1A) may only be exercised by the Minister personally. (5) For the purposes of this section, a database is a discrete body of information stored by electronic means, containing: (a) indexes of persons who have provided personal identifiers in accordance with a request under this Division; and, 45A Prohibition on, and forfeiture of, bogus documents. The first is citizenship by descent. The processing time for your citizenship application depends on your personal circumstances. Generally, getting citizenship through descent is the quickest route. • non‑satisfaction of identity: see subsection 24(3); or, • national security: see subsections 24(4) to (4C); or, • non‑presence in Australia: see subsection 24(5); or, • offences: see subsection 24(6); or. (2) The Minister must, as soon as practicable after the occurrence of the event, inform the Parliamentary Joint Committee on Intelligence and Security in writing. (ii) at the time of the Minister’s decision on the application. (4) The Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph (1)(e). (b) at the time of the person’s birth, the person had a parent who was an Australian citizen. (c) if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application. (5) For the purposes of paragraph (1)(g) or (1A)(d), the Minister may treat a period as one in which the applicant was not present in Australia as an unlawful non‑citizen if the Minister considers the applicant was present in Australia during that period but, because of an administrative error, was an unlawful non‑citizen during that period. Same kind of citizenship—former citizen under old Act. Conduct inconsistent with allegiance to Australia. (2) The Minister may, by legislative instrument, determine that: (a) persons who hold a special category visa or a special purpose visa; or, (b) persons who have held a special category visa; or. The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or. (1) A pledge of commitment must be made in accordance with either of the forms set out in Schedule 1. Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (14). You will be registered if the Minister approves you becoming an Australian citizen. Any other statement in column 2 has effect according to its terms. old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day. (2) If the person is a child, the Minister satisfies the requirement in subsection (1) if the Minister gives a parent of the child notice of the decision. (b) the person is not authorised under this section to access the identifying information for the purpose for which the person accessed it. (2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct: (a) engaging in international terrorist activities using explosive or lethal devices; (c) providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; (d) directing the activities of a terrorist organisation; (e) recruiting for a terrorist organisation; (h) engaging in foreign incursions and recruitment. (b) is opposed to Australia, or to Australia’s interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be acting inconsistently with their allegiance to Australia. Citizenship by descent Citizenship by conferral is the most common pathway for permanent residents. (h) takes place with the written consent of the person to whom the identifying information in question relates. 21 Application and eligibility for citizenship. (7) A determination made under subsection (1) is not a legislative instrument. Note 1: Section 46 sets out application requirements (which may include the payment of a fee). (b) must authorise access to the document for the purposes of those proceedings. They also have the right to serve in … (2) A person (the applicant) is eligible to become an Australian citizen if: (a) the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by: (i) a person (the adopter) who is an Australian citizen at time of the adoption; or, (ii) 2 persons jointly, only one of whom (the adopter) is an Australian citizen at the time of the adoption; or, (iii) 2 persons jointly, both of whom (the adopters) are Australian citizens at the time of the adoption; and, (b) an adoption compliance certificate issued in that country is in force for the adoption; and, (c) under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and, (d) the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant’s parents has been terminated; and, (e) if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—the adopter satisfies subsection (3); and, (f) if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption—either or both of the adopters satisfy subsection (3); and. Application, saving and transitional provisions for provisions and amendments. A woman who was a British subject on 25 January 1949 and married an Australian before 26 January 1949. (5) For the purposes of paragraph (1)(g) or (1A)(f), 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, because of an administrative error, was an unlawful non‑citizen during that period. s 2A...................................... s 3......................................... am No 85, 2008; No 144, 2008; No 116, 2014; No 67, 2018. s 6......................................... s 6A...................................... s 8......................................... s 10....................................... s 15....................................... s 16....................................... s 19B..................................... s 19C..................................... s 19G.................................... s 21....................................... am No 142, 2007; No 85, 2008; No 90, 2009; No 119, 2012. s 22....................................... am No 85, 2008; No 144, 2008; No 90, 2009. s 22A.................................... s 22B..................................... s 22C..................................... s 23....................................... s 23A.................................... s 24....................................... am No 85, 2008; No 90, 2009; No 57, 2013. s 26....................................... s 29....................................... s 32A.................................... s 33....................................... s 34....................................... am No 85, 2008; No 144, 2008; No 57, 2013; No 7, 2015. s 34A.................................... s 35....................................... s 35A.................................... s 35B..................................... s 36....................................... s 36A.................................... s 38....................................... s 40....................................... s 43....................................... s 45A.................................... s 45B..................................... s 45C..................................... s 45D.................................... s 46....................................... s 51A.................................... s 51B..................................... s 51C..................................... s 52....................................... s 53....................................... Act No. (iii) any record of a kind referred to in paragraph (c); that could be used to discover a particular person’s identity or to get information about a particular person. If you were not born in Australia but became a citizen through other means, such as through descent or through immigration, then you will need a Citizenship Certificate to prove your Australian citizenship and obtain such documents as an Australian passport. (b) if the person is aged 18 or over at the time the person made the application—the Minister is satisfied that the person is of good character at the time of the Minister’s decision on the application. (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act). (11) A determination under subsection (1A) is not a legislative instrument. (18) If the Minister makes a determination under subsection (14), the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the Minister makes the determination, a statement that: (b) sets out the reasons for the determination, referring in particular to the Minister’s reasons in relation to the matters set out in subsection (17). The other way to become an Australian citizen is to apply to the Minister. (8) The Minister may, by writing, approve a form for the purposes of paragraph (1A)(e). General provisions relating to Minister’s powers. (ii) became so unfit because of service undertaken in any of the Permanent Forces or the Reserves. (2) The Minister may give the person a notice stating that the person is an Australian citizen at a particular time. Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the Defence Act 1903. 22B Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia. (21) Section 47 applies to a decision by the Minister to make, or not make, a determination under subsection (14), but does not apply to any other decision of the Minister under this section (including any decision whether to consider exercising the power in subsection (14) to make a determination). ... 5 Citizenship by descent and conferral under the new Act. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. Same kind of citizenship—former citizen under this Act. (6) If a determination is in force in relation to a person, the person must not make a pledge of commitment before the end of the period specified in the determination. of a person who has died means a person who was the person’s spouse or de facto partner immediately before the person died and who has not later become the spouse or de facto partner of another person. (7) A person is eligible to become an Australian citizen if the Minister is satisfied that: (a) the person was born in Papua before 16 September 1975; and, (b) a parent of the person was born in Australia (within the meaning of this Act at the time the person made the application); and, (c) the parent was an Australian citizen at the time of the person’s birth; and. (2) If the Minister makes a decision under subsection 37(6) to cancel a notice given to a person under section 37, the Minister may request the person to surrender the notice to the Minister. (b) on a form that also contains an application by 1 responsible parent of the child. (b) report the Committee’s comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration. 44 Unauthorised modification or impairment of identifying information, (a) the person causes any unauthorised modification of identifying information; and, (b) the person intends to cause the modification; and. (2A) An application under a provision of this Act by a child aged under 16 must be set out: (a) on a form that contains no other application; or. Note: A person may seek review of a determination made under this subsection in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903. Note: For appointment, enlistment or transfer into any of the Permanent Forces or the Reserves, see the, (6) A determination under subsection (1) may cover any other matter related to the test, during the period of 2 years after the end of any period during which the person has been confined to a prison in Australia because of the imposition on the person of a serious prison sentence; or, (a) a visa held by the person may be cancelled under the, Application and eligibility for resuming citizenship, (4) If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the, you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or, (6) Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the, Note: A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the, (i) the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the, (5) For the purposes of this section, a person has been, (6) For the purposes of this section, a person obtained the Minister’s approval to become an Australian citizen as a result of, (i) section 234, 236 or 243, or former section 244 (as in force before its repeal by the, (ii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the, (8) For the purposes of this section, a person (the, (a) at any time, another person was convicted of an offence against section 50 of this Act, or section 134.1, 135.2, 135.4, 136.1, 137.1, 137.2, 139.1, 141.1, 142.1, 142.2, 144.1, 145.1, 145.2, 145.4, 145.5 or 149.1 of the, (a) in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the, Revocation by Minister—special residence requirements, Service outside Australia in armed forces of an enemy country or a declared terrorist organisation, (3) The making of a declaration under subsection (1) is taken not to be prescribed administrative action for the purposes of Part IV of the, Sections 33AA and 35 do not apply to conduct of Australian law enforcement or intelligence bodies or in course of certain duties to the Commonwealth, Australian law enforcement or intelligence body. 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