3432 ACC Report f/a 1 - Australian Citizenship
3432 ACC Report f/a 1 - Australian Citizenship
3432 ACC Report f/a 1 - Australian Citizenship
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taxes without being able to vote. It is also<br />
argued that this would have the effect of<br />
allowing migrants to participate fully in<br />
<strong>Australian</strong> society by becoming <strong>Australian</strong><br />
Citizens very soon after they arrive.<br />
Other submissions that addressed this issue<br />
argue that the current residence requirements<br />
should be retained.<br />
The Council was not attracted to making<br />
the current requirements stricter as it believes<br />
that a two-year time span is an appropriate<br />
period for an eligible permanent resident<br />
to consider and prepare for assuming<br />
the responsibilities and privileges of<br />
<strong>Australian</strong> <strong>Citizenship</strong>.<br />
The existing length of residence provisions<br />
have now been in operation since 1984 and<br />
appear to have worked satisfactorily over the<br />
past 15 years. The Council is not aware of any<br />
objective evidence that would suggest a need<br />
for an increase in the period nor any obvious<br />
beneficial effects that would flow from delaying<br />
full participation of migrants in <strong>Australian</strong><br />
society for a longer period.<br />
On the contrary, the Council considers that this<br />
would simply work against Australia’s<br />
commitment to migration and to empowering<br />
its residents to become fully participating<br />
members of the <strong>Australian</strong> community,<br />
Moreover, lengthening the residence qualifying<br />
period after a 50-year trend of shortening it<br />
would send a negative message to migrants<br />
about the Government’s and the <strong>Australian</strong><br />
community’s desire for them to become<br />
<strong>Australian</strong> Citizens.<br />
Equally, the Council was not persuaded by<br />
arguments for a shorter residence qualifying<br />
period. Australia’s period remains short by<br />
world standards but is a reasonable period to<br />
wait before the step of <strong>Australian</strong> <strong>Citizenship</strong><br />
is taken.<br />
The Council recommends that the current<br />
residence requirements for acquisition of<br />
<strong>Australian</strong> <strong>Citizenship</strong> be retained.<br />
Discretionary provisions relating to<br />
residence requirements<br />
Where a <strong>Citizenship</strong> applicant does not satisfy<br />
the two years in five residence requirements,<br />
there is scope in certain circumstances to<br />
exercise discretion to count other periods of<br />
time towards meeting these requirements.<br />
For example, where an applicant for grant<br />
of <strong>Citizenship</strong>:<br />
— can demonstrate that activities engaged in<br />
during periods of time spent outside<br />
Australia as a permanent resident were<br />
beneficial to the interests of Australia —<br />
section 13(4)(b)(i);<br />
— was in Australia as a permanent resident<br />
before the five years immediately<br />
preceding the application for <strong>Citizenship</strong> —<br />
section 13(4)(b)(ii);.<br />
— was ordinarily resident for periods of time<br />
in Papua or New Guinea between 1975<br />
and 1978 — section 13(4)(b)(iii);<br />
— has periods of temporary residence in<br />
Australia and can demonstrate that they<br />
would experience significant hardship or<br />
disadvantage if not granted <strong>Citizenship</strong> —<br />
section 13(4)(b)(iv);<br />
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