35  Service outside Australia in armed forces of an enemy country or a declared terrorist organisation. Descent - the applicant was born in another country and became a citizen of their parent's country. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging. (2)  A person must not make a pledge of commitment before the Minister approves the person’s application to become an Australian citizen. This is covered by Division 2 of Part 2. Convention country has the same meaning as in the Intercountry Adoption regulations. (2)  A person is eligible to become an Australian citizen again under this Subdivision if: (a)  the person ceased to be an Australian citizen under: (i)  section 33 (about renunciation) in order to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment; or. Australian law enforcement or intelligence body means a body, agency or organisation of the Commonwealth, or of a State or Territory, that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud, security intelligence, foreign intelligence or financial intelligence. (4)  For the purposes of paragraph (1)(f) or (1A)(c), the Minister may treat a period as one in which the applicant was a permanent resident if the Minister considers that, because of an administrative error, the applicant was not a permanent resident during that period. (a)  the Minister makes a decision under section 24 to refuse to approve a person becoming an Australian citizen; and, (b)  the Minister’s reasons for the decision did not refer to the eligibility ground in subsection 21(8) (about statelessness); and. (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. (6)  Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the Criminal Code, respectively. (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 also subsections (6) to (11). (10)  However, a statement under subsection (9) is not to include the name of the person. (5)  The Minister may, by writing, revoke a determination. Note:          The effect of this section is that (subject to subsections 33AA(14) and (24), 35(9) and (19) and 35A(8) and (9)) the person can never become an Australian citizen again. (2)  For the purposes of this Act, the status of a parent of a person at the time of the person’s birth is, for a parent who died before the birth, taken to be the status of the parent when the parent died. (2)  If the person, before ceasing to be an Australian citizen, was an Australian citizen under Subdivision A, AA or B, the person becomes an Australian citizen again under that Subdivision. (14)  If the Minister thinks that it would not be in the public interest to publish the name of the person or of any other person connected in any way with the matter concerned, the statement under subsection (13) must not include those names or any information that may identify those persons. Note:          Division 5 contains the identity provisions. relevant defence service: a person has completed relevant defence service if: (a)  the person has undertaken a total of at least 90 days service in one or more of the Permanent Forces (whether or not that service was continuous); or, (b)  the person has undertaken a total of at least 90 days service on which he or she was required for, and attended and was entitled to be paid for, duty in one or more of the Reserves (whether or not that service was continuous); or, (i)  was discharged from service undertaken in one of the Permanent Forces or the Reserves as medically unfit for that service; and. Persons born outside Australia on or after 26 January 1949. 1....................................................................... 2............ Form of pledge no. (b)  on a form that also contains an application by 1 responsible parent of the child. identifying information means the following: (a)  any personal identifier provided under Division 5 of Part 2; (b)  any meaningful identifier derived from any such personal identifier; (c)  any record of a result of analysing any such personal identifier or any meaningful identifier derived from any such personal identifier; (ii)  any meaningful identifier derived from any such personal identifier; or. (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. (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. (5)  If the person is not covered by subsection (7), the Minister must not approve the person becoming an Australian citizen at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the, (c)  the person started that test within the period worked out in accordance with that determination and completed that test within the period (the, (1)  Subject to this section, for the purposes of section 21 a person satisfies the. Disclosing identifying information.................................................... 44.......... Unauthorised modification or impairment of identifying information. (9)  If the person is the spouse, de facto partner or surviving spouse or de facto partner of an Australian citizen at the time the person made the application, the Minister may treat a period as one in which the person was present in Australia as a permanent resident if: (a)  the person was a spouse or de facto partner of that Australian citizen during that period; and, (b)  the person was not present in Australia during that period; and, (c)  the person was a permanent resident during that period; and. Any other statement in column 2 has effect according to its terms. Minister’s power to rescind notice and exempt person. 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. (4)  The Minister must not give the person such a notice unless the Minister is satisfied of the identity of the person. (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. Birth - the applicant was born in the country and met the country's requirements to receive citizenship by birth. Note 1:       Section 46 sets out application requirements (which may include the payment of a fee). (b)  state that the document has been seized; and, (c)  specify the reason for the seizure; and. (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. (9)  A reference in this section to a conviction of an offence: (a)  in relation to a law of the Commonwealth—includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; and. (5)  A failure to comply with subsection (3) or (4) does not affect the validity of the decision. (20)  The powers of the Minister under this section may only be exercised by the Minister personally. (2)  A constable or Commonwealth officer who, under subsection 3ZQU(1) of the Crimes Act 1914, may use or make available warrant material, is authorised to make available warrant material or warrant information: (a)  to a person covered by subsection (4); and. (b)  if that person is not the owner of the document—the owner; may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction: (d)  for a declaration that the document is not forfeited. (d)  contain a statement to the effect that a failure to comply with the request is an offence. (b)  contain a basic description of that conduct. (d)  the substituted decision is more favourable to the applicant. (4)  If the person is not covered by subsection (6), the Minister must not approve the person becoming an Australian citizen again at a time when an adverse security assessment, or a qualified security assessment, in respect of the person is in force under the Australian Security Intelligence Organisation Act 1979 that the person is directly or indirectly a risk to security (within the meaning of section 4 of that Act). (3)  The Minister may, by legislative instrument, authorise a class of persons to issue notices under this section. (d)  the person is of good character at the time of the Minister’s decision on the application. (4A)  If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person: (a)  if subparagraph (4B)(b)(i) applies to the person: (ii)  subject to subsection (4C), has been convicted of an offence against an Australian law or a foreign law, for which the person has been sentenced to a period of imprisonment of at least 5 years; or. (12)  If the Minister decides to consider whether to exercise the power in subsection (9), then, in that consideration, the Minister must have regard to the following: (a)  the severity of the matters that were the basis for any notice given in respect of the person under subsection (5), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (5)(a), but for the operation of subsection (7); (13)  If the Minister makes a determination under subsection (9), 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 (12). (c)  present in Australia as a permanent resident at that time. Becoming a citizen of Australia is the final legal step in your migration story. You can apply to the Minister for evidence of your Australian citizenship. Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). The effect of uncommenced amendments is not shown in the text of the compiled law. foreign law means a law of a foreign country. (1)  A person becomes an Australian citizen again on the day on which the Minister approves the person becoming an Australian citizen again. (c)  a person who is included in a class of persons authorised under subsection (5). (4A)  If the person is covered by subsection (4B), the Minister must not approve the person becoming an Australian citizen if the person has been convicted of a national security offence. (5)  If the Minister becomes aware of conduct because of which a person has, under this section, ceased 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 determination (if the Minister does so); and. (i)  the person was an Australian citizen under the Australian Citizenship Act 1948 immediately before the commencement day; (ii)  the person has not ceased to be an Australian citizen under this Act. (b)  include the reasons for the decision to make the determination. (11)  Except for the powers of the Minister under subsection (1), the rules of natural justice do not apply in relation to the powers of the Minister under this section. Sections 26 and 27 deal with the making of a pledge of commitment. 2....................................................................... has the meaning given by section 35 of the. (b)  if subparagraph (6)(b)(ii) applies to the person—has been convicted of a national security offence. (b)  the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born. (b)  the disclosure is a permitted disclosure within the meaning of section 43; this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person. (10)  However, a statement under subsection (9) is not to include the name of the applicant. 7  Children born on ships or aircraft or after death of parent, (a)  a person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft is registered; and. (a)  the end of 20 sittings days of the House of Representatives after the occurrence of the event; and. (2)  The Minister may give the person a notice stating that the person is an Australian citizen at a particular time. (b)  either of the following 2 situations apply. (c)  a person engaged under section 74 of the, (d)  a person engaged by the Commonwealth, the Minister, the Secretary of the Department, or by an APS employee in the Department, to do work for the purposes of this Act or the regulations or of the, (b)  an offence against Division 72 of the, (ca)  an offence against Division 91 of the, (cb)  an offence against Part 5.3 (terrorism) of the. •      cessation of citizenship: see subsection 19D(8). (6)  A notice under paragraph (5)(a) must set out: (7)  The Minister may determine in writing that a notice under paragraph (5)(a) should not be given to a person if the Minister is satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations. (1)  A person (whether a citizen or non‑citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official), or cause such a document to be so given. You need to be a permanent resident and meet certain criteria before you can apply. (b)  paragraph (1A)(d) if, at any time during the 2‑year period mentioned in that paragraph; (d)  confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person. (2)  Column 3 of the table contains additional information that is not part of this Act. If the applicant thinks that they have become an Australian citizen but none of the options above describes their circumstances, provide details of how the applicant became an Australian citizen and attach supporting documentation at the end of the application process. The Australian Citizenship Act 2007 governs how non-citizens can become naturalised through a citizenship process and obtain Australian citizenship. (4)  For the purposes of subsection (3), the determination may provide that a person is not eligible to sit the test unless the person is a permanent resident and the Minister is satisfied of the identity of the person. (a)  the person is given a request that is in accordance with this section; and. From 1 May 1970 to 31 May 1974, British subjects could acquire Australian citizenship ‘by notification’ provided they had been living in Australia for the 5 years before notifying their intention to become citizens. 1....................................................................... 108, 2............ Form of pledge no. You may be eligible to become an Australian citizen under this Subdivision if you are adopted outside Australia by at least one Australian citizen in accordance with: (a)     the Hague Convention on Intercountry Adoption; or. (1)  For the purposes of this Act, the period during which a person is confined to a prison includes a period: (a)  during which the person is an escapee from the prison; or. 36  Children of responsible parents who cease to be citizens, (a)  a person ceases to be an Australian citizen at a particular time (the cessation time) under section 33, 34 or 34A; and. 51  Geographical jurisdiction for offences. (b)  to all persons, irrespective of their nationality or citizenship. (6)  For the purposes of subsection (3), if: (a)  a person causes any modification or impairment of a kind mentioned in that subsection; and. (13)  An instrument exercising any of the Minister’s powers under this section is not a legislative instrument. Note:          The Minister may cancel an approval: see section 25. The endnotes provide information about this compilation and the compiled law. (b)  if subparagraph (7)(b)(ii) applies to the person—has been convicted of a national security offence. (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). (5)  If the Minister cancels an approval given to a person, the approval is taken never to have been given. (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. 22B  Special residence requirement—persons engaged in particular kinds of work requiring regular travel outside Australia. (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. (c)  is covered by subsection 21(6), (7) or (8). 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