Becoming a citizen of Australia is the final legal step in your migration story. (5)  For the purposes of paragraph (1)(c), the Minister 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, because of an administrative error, was not a permanent resident during that period. (1)  An application may be made to the Administrative Appeals Tribunal for review of the following decisions: (a)  a decision under section 17 to refuse to approve a person becoming an Australian citizen; (aa)  a decision under section 19D to refuse to approve a person becoming an Australian citizen; (b)  a decision under section 24 to refuse to approve a person becoming an Australian citizen; (c)  a decision under section 25 to cancel an approval given to a person under section 24; (d)  a decision under section 30 to refuse to approve a person becoming an Australian citizen again; (e)  a decision under section 33 to refuse to approve a person renouncing his or her Australian citizenship, except a refusal because of the operation of subsection 33(5) (about war); (f)  a decision under section 34 or subsection 36(1) to revoke a person’s Australian citizenship. Ministerial discretion—administrative error. Eligibility criteria for sitting the test. (b)  the disclosure is a permitted disclosure; this section does not apply in relation to any further disclosure of that identifying information by a person who is not an entrusted person. The Minister may be required to refuse your application on grounds relating to: •      non‑satisfaction of identity: see subsection 17(3); or, •      national security: see subsections 17(4) to (4B); or. Note:          A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code). (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). (2)  As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1). You may be eligible for Australian citizenship by descent or adoption if: 1. (b)  in relation to a law of a State or Territory or a foreign country—includes a reference to the making of an order under the corresponding provision of a law of the State or Territory or foreign country in relation to the offence. Penalty:  Imprisonment for 2 years, or 120 penalty units, or both. You do not become an Australian citizen, even if the Minister approves you becoming an Australian citizen, unless a parent of yours was an Australian citizen at a particular time: see section 19A. (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. , in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier. (b)  on a form that also contains an application by 1 responsible parent of the child. For more information about any editorial changes made in this compilation, see the endnotes. Note:          A child of the person may also cease to be an Australian citizen: see section 36. 2....................................................................... 108, Endnotes                                                                                                                                  109, Endnote 1—About the endnotes                                                                          109, Endnote 2—Abbreviation key                                                                              111, Endnote 3—Legislation history                                                                           112, Endnote 4—Amendment history                                                                         115, An Act relating to Australian citizenship. (1A)  The Minister may, by writing, determine that paragraphs (1)(d) to (g) do not apply in relation to the applicant if: (a)  the Minister is satisfied that paragraphs (1)(a), (b) and (c) apply in relation to the applicant; and. Revocation by Minister—special residence requirements................. 35.......... Service outside Australia in armed forces of an enemy country or a declared terrorist organisation. (b)  contain a basic description of that conduct. (b)  a person who has sought to sit a test approved in a determination under section 23A; the following persons may request the person, in writing, to provide one or more specified personal identifiers: (d)  a person authorised under subsection (3); (e)  a person who is included in a class of persons authorised under subsection (4). (b)  the Minister is satisfied that, at the time the Minister proposes to cancel the approval, the person is: (ii)  not likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia; or, (a)  the person has failed to make a pledge of commitment within 12 months after the day on which the person received notice of the approval; and. (ii)  whether the Minister has rescinded the notice and exempted the person to whom the notice related from the effect of the section in relation to the matters that were the basis for the notice; (b)  for an event mentioned in paragraph (1)(b): (i)  the matters that are the basis for the determination under subsection 35A(1) to which the notice relates; (ii)  whether the Minister has revoked under subsection 35A(8) the determination to which the notice relates; and. Note:          Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection 3ZQU(1) of that Act. Things seized under Crimes Act search warrant and information about such things. Born in New Guinea and the applicant was a British subject on 25 January 1949. born in Australia between 26 January 1949 and 19 August 1986 (Note: children born in Australia between 20 August 1986 and 31 August 1994 generally did not acquire Australian citizenship by birth), or, born in Australia between 1 September 1994 and 26 February 2001 and at least one of the applicant’s parents held a permanent residence visa or a Special Category visa, or, born in Australia on or after 27 February 2001 and at least one of the applicant’s parents held an Australian permanent residence visa, or. 19A  When a person does not become a citizen despite the Minister’s approval. (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. (3)  If the person is required to make a pledge of commitment and has not done so, the Minister may determine, in writing, that the person cannot make the pledge until the end of a specified period if the Minister is satisfied that: (a)  a visa held by the person may be cancelled under the Migration Act 1958 (whether or not the person has been given any notice to that effect); or. (b)  has a permanent or enduring physical or mental incapacity, at the time the person made the application to become an Australian citizen, that means the person: (iii)  is not capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship at that time; or. The third is citizenship by conferral. (5)  If the Minister makes a determination under subsection (1) because of which a person ceases to be an Australian citizen, the Minister: (ii)  if the Minister makes a determination under subsection (7)—as soon as practicable after the Minister revokes the subsection (7) determination (if the Minister does so); and. (3)  The Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person. (c)  a person who is included in a class of persons authorised under subsection (5). This is also known as 'naturalisation' in some countries. There are 4 situations in which you can apply for citizenship. de facto partner has the meaning given by the Acts Interpretation Act 1901. disclose, in relation to identifying information that is a personal identifier provided under Division 5 of Part 2, includes provide unauthorised access to the personal identifier. 40 Subsection 7(7) (definition of Australian citizen) Repeal the definition, substitute: Australian citizen has the same meaning as in the Australian Citizenship Act 2007. (b)  that country is the country of his or her permanent abode even if he or she is temporarily absent from that country. (b)  the person fails to comply with the request. (c)  the person knows that the modification is unauthorised. psychiatric institution includes a psychiatric section of a hospital. Renunciation and cessation of citizenship. (i)  the person has been convicted of an offence against section 50 of this Act, or section 137.1 or 137.2 of the Criminal Code, in relation to the person’s application to become an Australian citizen; (ii)  the person obtained the Minister’s approval to become an Australian citizen as a result of third‑party fraud within the meaning of subsection (8); and. (b)  the person does so for a purpose of or in relation to this Act. The applicant acquired Australian citizenship by descent by applying for citizenship by descent, following the applicant’s birth overseas to an Australian citizen. (g)  the person has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the person becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection: (i)  the person will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the person becomes an Australian citizen; and, (ii)  the person will be present in Australia for a total of at least 180 days during that 2‑year period; and. When a person does not become a citizen despite the Minister’s approval. (1)  A person must make a pledge of commitment to become an Australian citizen unless the person: (a)  is aged under 16 at the time the person made the application to become an Australian citizen; or. (b)  state that the document has been seized; and, (c)  specify the reason for the seizure; and. •      non‑satisfaction of identity: see subsection 19D(4); or, •      national security: see subsections 19D(5) to (7A); or. surviving spouse or de facto partner 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. (12)  Section 47 does not apply in relation to the exercise of the powers of the Minister under this section. (1A)  For applications made under section 21 by persons who, in order to be eligible to become an Australian citizen under subsection 21(2), must have sat a test approved in a determination under section 23A, the fee prescribed by the regulations may include a component that relates to the sitting of that test. (f)  is of good character at the time of the Minister’s decision on the application. (a)  the person alters, or causes or permits to be altered, a notice; and. (d)  if the person is aged 18 or over at the time the person made the application—the person is of good character at the time of the Minister’s decision on the application. There are some other, less common, ways of automatically becoming a citizen. ... 5 Citizenship by descent and conferral under the new Act. Australian Government Federal Register of Legislation Skip to Content. (13)  Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section. (2)  Paragraphs (1)(a) and (b) do not apply if the person: (b)  was an Australian citizen at any time before the person made the application. (2)  Subject to subsection (3), the applicant is taken not to satisfy paragraph (1)(c) if, at any time during the 2 year period mentioned in that paragraph, the applicant was: (b)  confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the applicant. (a)  the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and. 36  Children of responsible parents who cease to be citizens, (a)  a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and. (4)  For the purposes of paragraph (1)(f) or (1A)(e), the Minister may treat a period as one in which the person was a permanent resident if the Minister considers that, because of an administrative error, the person was not a permanent resident during that period. (4)  The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied of the identity of the person. •      you were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949: see subsection 16(3). Persons not required to make pledge of commitment. Italian Citizenship is based upon the principle of “jus sanguinis” (blood right) meaning that a child born of an Italian father or mother is an Italian citizen regardless of place of birth. The applicant became an Australian citizen on 26 January 1949 if the applicant entered Australia and was granted permanent residence before 26 January 1949. old Act means the Australian Citizenship Act 1948 as in force at any time before the commencement day. 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