CHAPTER 5 â CITIZENSHIP BY CONFERRAL - Australian Citizenship

CHAPTER 5 – CITIZENSHIP BY CONFERRAL 

OVERVIEW 

ELIGIBILITY 

Section 20 – Requirements for becoming a citizen 

Section 21 – Application and eligibility 

Subsection 21(2) - General eligibility 

- permanent resident 

- definition of Australia and external territories 

- understands the nature of the application 

- residence requirement 

- basic knowledge of English 

- adequate knowledge of responsibilities and privileges 

- likely to reside, or maintain close and continuing association 

- good character 

- other requirements 

Subsection 21(3) - Permanent physical or mental incapacity 

Subsection 21(4) - Person aged 60 or over or has hearing, speech or sight 

impairment 

Subsection 21(5) - Person aged under 18 years 

Wards of the Minister 

Subsection 21(6) - Person born to former Australian citizen 

Subsection 21(7) - Person born in Papua 

Subsection 21(8) - Statelessness 

Section 22 - Residence requirement 

- unlawful non-citizen 

- people who were permanent resident immediately prior to 1 July 2007 

- subsections 22(1A) and (1B) - overseas absences 

- Section 9, subsections 22(1C) and (5A) - confinement in prison or psychiatric

CHAPTER 5 –CITIZENSHIP BY CONFERRAL 

institution 

- subsection 22(2) - partial exemption – person born in Australia or former 

Australian citizen 

- subsection 22(4A) and (5) - ministerial discretion - administrative error 

- subsection 22(6) - ministerial discretion - person in Australia would suffer 

significant hardship or disadvantage 

- subsections 22(9) and (10) - ministerial discretion - spouse, de facto spouse, 

widow or widower of an Australian citizen 

- subsection 22(11) - ministerial discretion - person in an interdependent 

relationship 

- applications made but not decided prior to 1 July 2007 – activities beneficial to 

the interests of Australia 

Section 23 - Relevant defence service 

APPLICATION REQUIREMENTS 

Section 46 - Application requirements 

Subsection 46(3) and Regulation 13 - Refund of fees 

DECISION MAKING 

Section 24 – Minister’s Decision 

Section 25 – Minister may cancel approval 

Regulation 7 - prescribed reasons for failing to make pledge of commitment 

Section 26 - Pledge of commitment 

Section 27 - How pledge of commitment is to be made 

Section 28 - Day citizenship begins 

Section 34 – Revocation by the Minister 

Section 47 - Notification of decisions 

Section 52 - Review of decisions 

as at 15 February 2008 

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ATTACHMENT A - Historical provisions for people in Cocos (Keeling) Islands 

and Christmas Island 

ATTACHMENT B - Significant hardship and disadvantage 

ATTACHMENT C - Fees to accompany applications 

ATTACHMENT D - Fees for certain person 

ATTACHMENT E - British Nationality and British subjects 


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OVERVIEW 

The requirements for Australian citizenship by conferral (formerly called citizenship 

by grant) are set out in Part 2, Division 2 (Subdivision B) of the Australian Citizenship 

Act 2007. This chapter sets out the relevant legislative and policy requirements. 

People may be eligible to become an Australian citizen by conferral if they: 

- satisfy the general eligibility criteria; or 

- have a permanent physical or mental incapacity that means they are 

not capable of understanding the nature of their application; or 

- are aged 60 or over or have permanent loss or substantial impairment 

of hearing, speech or sight; or 

- are aged under 18; or 

- were born outside Australia to a former Australian citizen who ceased 

to be a citizen under section 17 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, and currently does not have, a reasonable 

prospect of becoming the citizen or national of a foreign country. 

An application must be refused if the decision maker is not satisfied of the person’s 

identity, or 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. Policy 

is that applicants between the ages of 16 and 18 years also be of good character. 

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). Other circumstances in which an application must be refused are set out 

in the chapter as appropriate. 


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DIVISION 2 OF THE ACT 

Acquisition of Australian citizenship by application 

Subdivision B - Citizenship by conferral 

ELIGIBILITY 

Requirements for becoming a citizen Section 20 

A person becomes an Australian citizen under this subdivision if: 

(a) the Minister decides under subsection 24(1) to approve the person 

becoming an Australian citizen; and 

(b) if the person is required to make a pledge of commitment to become 

an Australian citizen – the person makes that pledge. 

Note: Sections 21 to 25 deal with the Minister approving the person 

becoming an Australian citizen. Sections 26 and 27 deal with the 

making of the pledge of commitment.” 

Application and eligibility Section 21 

(1) A person may make an application to the Minister to become an Australian 

citizen. 

Note 1: 

Note 2: 

Subsections (2) to (8) deal with eligibility. 

Section 46 sets out application requirements (which may include 

the payment of a fee).” 

General eligibility Subsection 21(2) 

“(2) A person is eligible to become an Australian citizen if the Minister is satisfied 

that the person: 

(a) is aged 18 or over at the time the person made the application; and 

(b) is a permanent resident at that time; and 

(c) satisfies the residence requirement (see section 22), or has completed 

relevant defence service (see section 23), at that time; and 

(d) understands the nature of an application under subsection (1); and 

(e) possesses a basic knowledge of the English language; and 

(f) has an adequate knowledge of Australia and of the responsibilities and 


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privileges of Australian citizenship; and 

(g) is likely to reside, or to continue to reside, in Australia or to maintain a 

close and continuing association with Australia if the application were to be 

approved; and 

(h) is of good character at the time of the Minister’s decision on the 

application. 

(2A) Paragraphs (2) (d), (e) and (f) are taken to be satisfied if and only if the 

Minister is satisfied that the person has, before making the application: 

(a) sat a test approved in a determination under section 23A; and 

(b) successfully completed that test (worked out in accordance with that 

determination). 

Permanent resident 

Section 5 of the Act defines “permanent resident” as follows: 

Permanent resident Section 5 - 

“(1) For the purposes of this Act, a person is a permanent resident at a particular 

time if and only if: 

(a) the person is present in Australia at that time and holds a permanent visa 

at that time; or 

(b) both: 

(i) the person is not present in Australia at that time and holds a 

permanent visa at that time; and 

(ii)the person has previously been present in Australia and held a 

permanent visa immediately before last leaving Australia; or 

(c) the person is covered by a determination in force under subsection (2) at 

that time. 

(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 

(c) persons who are present in Norfolk Island or the Territory of Cocos 

(Keeling) Islands; and who satisfy specified requirements are, or are 

during a specified period, persons to whom this subsection applies. 


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Permanent resident under the old Act 

(3) If, under this Act, it is necessary to work out if a person was a permanent resident at 

a time before the commencement day, work that out under the Australian Citizenship 

Act 1948 as in force at that time.” 

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, 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. 

For further information on New Zealand citizens, please see Chapter 14 – New 

Zealand citizens in Australia. 

Definition of Australia and external territories 

Section 3 of the Act defines Australia as: 

“Australia, when used in a geographical sense, includes the external Territories” 

This means that for the purposes of the Act, “Australia” when used in a geographical 

sense, includes the external territories, including Norfolk Island, Cocos (Keeling) Islands 

and Christmas Island. 

Norfolk Island 

Norfolk Island was part of Australia for the purposes of the old Act since 26 January 

1949, but was not part of Australia for the purposes of the Migration Act 1958. Norfolk 

Island is part of Australia for the purposes of the Act. 

In relation to periods spent on Norfolk Island, a person is a permanent resident while 

lawfully present in the territory if: 


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- the person has been granted a Certificate of Residency by the Norfolk Island 

authorities; or 

- had the person been elsewhere in Australia, the person would have been 

regarded as a permanent resident, for example, a permanent visa holder or 

New Zealand citizen who is temporarily in Norfolk Island. 

Permanent residents of Norfolk Island are eligible for Australian citizenship by conferral 

under the same criteria applicable to people on mainland Australia, including the 

residence requirements and discretions. 

Cocos (Keeling) Islands and Christmas Island 

The Cocos (Keeling) Islands were transferred to Australia on 23 November 1955, and 

Christmas Island (in the Indian Ocean) became an Australian territory on 1 October 

1958. Since those dates they have been part of Australia for the purposes of the old 

Act, and are part of Australia for the Act, including for the purposes of Australian 

citizenship by birth. Permanent residents of the islands are eligible for Australian 

citizenship by conferral under the same criteria applicable to people on mainland 

Australia, including the residence requirements and discretions. 

Historical provisions within Australian citizenship legislation for people ordinarily 

resident in those territories before they became Australian territories are at 

Attachment A. 

Residence Requirement 

See separate sections below on “residence requirement” and “relevant defence 

service”. 

Understands the nature of the application 

Possesses a basic knowledge of the English language 

Has an adequate knowledge of Australia and of the responsibilities and privileges 

of citizenship 

Applicants (under section 21(2)) can only satisfy these requirements by the successful 

completion of a test. 


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Likely to reside, or continue to reside, in Australia or to maintain a close and 

continuing association with Australia 

Factors that may contribute to a close and continuing association with Australia 

include: Australian citizen spouse; Australian citizen children, if any; length of 

relationship with citizen spouse; extended family in Australia, if any; return visits to 

Australia; periods of residence in Australia; intention to reside in Australia; 

employment in Australia (for example, public or private sector); ownership of 

property in Australia; evidence of income tax payment in Australia; and current bank 

accounts, if any, in Australia. 

The application (Forms 1300t and 1290) contain a declaration which refers to an 

intention to reside, or continuing to reside, in Australia, or to maintain a close and 

continuing association with Australia. This declaration would generally be sufficient 

evidence of the applicant’s intentions unless there is evidence to the contrary. 

Good character 

The Act requires that applicants aged 18 years and over be of good character. 

See Chapter 10 – Character, for further information on the assessment of good 

character. 

Other requirements 

Other requirements which must be satisfied relating to identity, national security, 

presence in Australia, offences and former citizens are set out in the section on 

Minister’s Decision. 

Permanent physical or mental incapacity Subsection 21(3) 

“Permanent physical or mental incapacity 

(3) A person is eligible to become an Australian citizen if the Minister is satisfied that 

the person: 

(a) is aged 18 or over at the time the person made the application; and 


(c) satisfies the residence requirement or has completed relevant defence 


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service at that time; and 

(d) has a permanent physical or mental incapacity at that time that means the 

person is not capable of understanding the nature of the application at that 

time; and 

(e) is likely to reside, or to continue to reside, in Australia or to maintain a 

close and continuing association with Australia if the application were to be 

approved; and 

(f) is of good character at the time of the Minister’s decision on the 

application.” 

Applicants must produce evidence of a permanent physical or mental incapacity that 

means the person is not capable of understanding the nature of their application 

from a qualified medical practitioner. A temporary physical or mental condition does 

not meet the requirement. 

See definitions and commentary on “permanent resident” and “likely to reside, or 

continue to reside, in Australia or to maintain a close and continuing association with 

Australia” under the General Eligibility section. 

See separate sections on “residence requirement” and “relevant defence service”. 


character. 




Person aged 60 or over or has hearing, speech or sight impairment 

Subsection 21(4) 

“Person aged 60 or over or has a hearing, speech or sight impairment 


the person: 

(a) is: 

(i) aged 60 or over at the time the person made the application; or 


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(ii) aged 18 or over at the time the person made the application and is 

suffering from a permanent loss or substantial impairment of hearing, 

speech or sight at that time; and 


(c) understands the nature of the application at that time; and 

(d) satisfies the residence requirement or has completed relevant defence 

service, at that time; and 

(e) is likely to reside, or to continue to reside, in Australia or to maintain a close 

and continuing association with Australia if the application were to be 

approved; and 

(f) is of good character at the time of the Minister’s decision on the application.” 

Applicants must provide official evidence of age (such as a birth certificate or 

passport), or an applicant’s hearing, speech or sight impairment (such as a letter 

from a medical practitioner). 

Applicants should be given the opportunity to demonstrate at interview that they 

understand the significance of becoming an Australian citizen. 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. 

See definitions and commentary on “permanent resident”, “understands the nature of 

the application” and “likely to reside, or continue to reside, in Australia or to maintain 

a close and continuing association with Australia” under the General Eligibility 

section. 

See separate sections on “residence requirement” and “relevant defence service”. 


character. 





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Person aged under 18 Subsection 21(5) 

“Person aged under 18 


the person is aged under 18 at the time the person made the application.” 

Applicants aged 16 years and over and under the age of 18 

Applicants aged 16 years and over and under the age of 18 must make an 

application on a form that contains no other application. This is set out in subsection 

46(2A) of the Act. 

Applicants aged 16 years and over and under the age of 18 would usually be 

approved if they meet the following eligibility criteria: 

• is a permanent resident; 

• satisfies the residence requirements; 

- the applicant need not meet the residence requirements if this would 

cause significant hardship or disadvantage. Refer to Attachment B for 

guidance on significant hardship or disadvantage. 

• 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, or maintain a close and continuing 

association with Australia; 

• is of good character at the time of decision. 

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, have an 

adequate knowledge of the responsibilities and privileges of citizenship; and that 

they possess a basic knowledge of the English language. 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. 

Applications from children aged 16 years and over do not need the consent of a 

responsible parent. 


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Policy is that applicants 16 years of age and over be of good character. Please see 

Chapter 10 – Character, for further information on the assessment of good character. 


offences and former citizens are set out in the section on Minister’s Decision 

(section 24). 

In the case of an applicant who does not meet the policy requirements above, 

decision makers must consider the full circumstances of the case to determine 

whether the application nevertheless warrants approval because of the exceptional 

nature of those circumstances. The circumstances would need to be very unusual to 

warrant approval of an application outside policy. 

Applicants under the age of 16 

A child aged under 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. This is set out in subsection 46(2A) of the Act. 

Children under the age of 16 applying individually in their own right would usually be 

approved if they: 

• hold a permanent visa, including an adoption visa; and 

• are under 16 years of age when applying, are living with a responsible 

parent, who is an Australian citizen and consents to the application; or 

• are under 16 years of age when applying, and living with a responsible 

parent, who is not an Australian citizen and consents to the application, 

and the child would otherwise suffer significant hardship or disadvantage 

(refer to Attachment B for definition); or 

• are under 16 years of age when applying, and in the care of another 

person, such as relative who consents to the application, 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 (see Wards of 

the Minister in this chapter). 


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Consent for applications by children under the age of 16 years with no responsible 

parents should be signed by a person who has the daily care and control of the child. 

The person may not be a relative but is someone who is accepted as the guardian of 

the child by other government agencies such as DOCS and Centrelink. The 

application should be supported by evidence that the government agency recognises 

the person as having daily care and control of the child. These children cannot be 

added to that person’s application. 



(section 24). 






Children under the age of 16 applying on the same form and at the same time as a 

responsible parent would usually be approved if: 

- the child was a permanent resident; 

- 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. 



(section 24). 






Note: There may be some cases in which a New Zealand citizen family has made 


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the decision not to move to Australia as a family unit, and, for example, one or more 

parents arrived in Australia prior to 26 February 2001 (therefore considered to be 

permanent residents for citizenship purposes), but the children arrived in Australia 

after 26 February 2001 (therefore not a permanent resident). Refer to Chapter 14 for 

information on New Zealand citizens and permanent residence. There is no 

separate policy relating to New Zealand citizens in such circumstances. However, 

consideration should be given to the policy guidelines set out above. 

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, or intends to become, a permanent resident; and 

• did not arrive in Australia in the care of a relative over the age of 21 years; 

and 

• does not have a relative over the age of 21 years in Australia to care for them. 

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. The delegate is usually an officer from the relevant State/Territory child 

welfare department. Citizenship applications are generally lodged by the Minister’s 

delegate, or by the minor aged between 16 and 17, with consent from the Minister’s 

delegate. 

Person born to former Australian citizen Subsection 21(6) 

“Person born to former Australian citizen 

(6) A person is eligible to become an Australian citizen if the Minister is satisfied that: 

(a) the person was born outside Australia; and 

(b) a parent of the person was not an Australian citizen at the time of the 

person’s birth; and 

(c) the parent had ceased to be an Australian citizen under section 17 of the old 

Act (about dual citizenship) before that time; and 

(d) the person is of good character at the time of the Minister’s decision on the 



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The definition of “Australia” for the purposes of this subsection is the definition of 

Australia at the time of the person’s birth. For example, 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 Australian Citizenship Act 1948 until PNG 

Independence on 16 September 1975. 

Prior to 4 April 2002, an adult ceased to be an Australian citizen under section 17 of 

the Australian Citizenship Act 1948 if they were outside Australia and acquired the 

citizenship of another country as a result of a voluntary and formal act other than 

marriage. Section 17 was repealed on 4 April 2002. 

Please see Chapter 10 – Character, for further information on the assessment of 

good character. 



(section 24). 

Person born in Papua Subsection 21(7) 

“Person born in Papua 


(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 

(d) the person is of good character at the time of the Minister’s decision on the 


Section 3 of the Act defines Australia as: 

“Australia, when used in a geographical sense, includes the external Territories” 

This means that for the purposes of the Act “Australia”, includes the States; the 

internal territories of the Northern Territory, Australian Capital Territory, the Jervis 

Bay Territory; and the external territories including Norfolk Island, Cocos (Keeling) 

Islands and Christmas Island. 


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See also Chapter 15 – Papua New Guinea. 

Please see Chapter 10 – Character, for further information on the assessment of 

good character. 



(section 24). 

Statelessness Subsection 21(8) 

“Statelessness 


(a) the person was born in Australia; and 

(b) at the time the person made the application, the person: 

(i) is not a national of any country; and 

(ii) is not a citizen of any country; and 

(c) the person has: 

(i) never been a national of any country; and 

(ii) never been a citizen of any country; and 

(d) at the time the person made the application, the person: 

(i) does not have reasonable prospects of acquiring the nationality of a 

foreign country; and 

(ii) does not have reasonable prospects of acquiring the citizenship of a 


(e) the person has: 

(i) never had reasonable prospects of acquiring the nationality of a 


(ii) never had reasonable prospects of acquiring the citizenship of a 

foreign country.” 

Other requirements which must be satisfied relating to identity and national security 

are set out in the section on Minister’s Decision. 


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Resident Requirement Section 22 

“(1) Subject to this section, for the purposes of section 21 a person satisfies the 

residence requirement if: 

(a) the person was present in Australia for the period of 4 years immediately 

before the day the person made the application; and 

(b) the person was not present in Australia as an unlawful non-citizen at any 

time during that 4 year period; and 

(c) the person was present in Australia as a permanent resident for the period 

of 12 months immediately before the day the person made the application.” 

Lawful residence is determined in accordance with the Migration Act 1958. A person 

is lawful if they hold a visa. 

All periods of lawful residence in Australia are taken into account, such as temporary 

visas, visitor visas, student visas, bridging visas etc. Periods spent in Australia as an 

unlawful non-citizen are excluded. 

Unlawful non-citizen 

Subsection 3(1) of the Australian Citizenship (Transitional and Consequentials) Act 

2007 provides that: 

“For the purposes of subparagraphs 16(2)(b)(i), subsection 19C(3) and paragraphs 

22(1)(b) and 6(a) of the new Act, a person is taken to also have been present in 

Australia as an unlawful non-citizen at a particular time if the person: 

(a) in relation to the period beginning on 19 December 1989 and ending on 31 

August 1994, was an illegal entrant at that time within the meaning of the 

Migration Act 1958 as in force at that time; and 

(b) in relation to the period beginning on 2 April 1984 and ending on 18 

December 1989, was a prohibited non-citizen at that time within the meaning 

of that Act as in force at that time; and 

(c) in relation to the period before 2 April 1984. was a prohibited immigrant within 

the meaning of that Act as in force at that time; and 

(d) for any time, was in Australia at that time in contravention of a law of Norfolk 


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Island or the Territory of Cocos (Keeling) Islands.” 

If a person has been an unlawful non-citizen at any time, they will need to have 

spent four years in Australia since last ceasing to be an unlawful non-citizen before 

meeting the residence requirement for citizenship, unless they became unlawful 

because of administrative error (see subsection 22(4A)). 

People who were permanent residents immediately prior to 1 July 2007 

Schedule 3 – Application and transitional provisions of the Australian Citizenship 

Transitionals and Consequentials Act 2007 provides that: 

“Section 5B - Citizenship by conferral - persons who are permanent residents at 

commencement 

If: 

(a) a person is a permanent resident (worked out under the old 

Act) immediately before the commencement day; and 

(b) the person makes an application under subsection 21(1) of the new Act 

within the period of 3 years beginning on the commencement day; 

then, for the purposes of that application, subsections 22(1) to (2), (4A) and 

(5A) of the new Act do not apply and the following subsections of section 22 

of the new Act apply instead: 

(1) For the purposes of section 21, a person satisfies the residence requirement if 

the person has been present in Australia as a permanent resident for: 

(a) a total period of at least 1 year in the period of 2 years before 

the day the person made the application; and 

(b) a total period of at least 2 years in the period of 5 years 

before that day.” 

(2) Paragraph (1)(b) does not apply if the person: 

(a) was born in Australia; or 

(b) was an Australian citizen at any time before the person made the 

application. 


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(3) For the purposes of subsection (1), the Minister must not take into account any 

period during which the person has been: 

(a) confined in a prison; or 

(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 

person.” 

These provisions mean that in the absence of any other relevant provisions, 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, 

provided they apply for citizenship before 1 July 2010. 

Overseas absences Subsections 22(1A) and (1B) 

“(1A) If: 

(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 

(b) the total period of the absence or absences was not more than 12 

months; 

then, for the purposes of paragraph (1)(a), the person is taken to have been present 

in Australia during each period of absence. 

(1B) If: 

(a) the person was absent from Australia for the part of the period of 

12months immediately before the day the person made the application; 

and 

(b) the total period of the absence or absences was not more than 3 

months; and 

(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.” 

Applicants must have been present in Australia for at least three of the four years 

immediately prior to application, including at least nine months in the 12 months prior 

to application. 


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Confinement in prison or psychiatric institution Subsection 22(1C) and 

Ministerial discretion—confinement in prison or psychiatric institution 

Subsections (5A) 

“(1C) Subject to subsection (5A), the person is taken not to satisfy paragraph (1)(a) 

if, at any time during the 4 year period mentioned in that paragraph, the 

person was: 

(a) confined in a prison; or 

(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 person.” 

(5A) The Minister may decide that subsection (1C) does not apply in relation to the 

person if, taking into account the circumstances that resulted in the person’s 

confinement, the Minister is satisfied that it would be unreasonable for that 

subsection to apply in relation to the person.” 

Confinement is defined in the Act as follows: 

Confinement in prison or psychiatric institution Section 9 

“Confinement in prison 

(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 

(b) during which the person is undergoing a sentence of periodic detention in the 

prison. 

(2) For the purposes of this Act, the period during which a person is confined to a 

prison does not include a period during which the person has been so confined 

by reason only of the person serving a sentence relating to a conviction that is 

later quashed.” 

If a person has been confined at any time, that person will need to spend four years 

in Australia since last being released from that confinement before being residentially 

eligible for citizenship. 


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However, subsection 22(1C) does not apply in relation to a person if, 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. 

Circumstances that may be taken into account could include: 

- convictions quashed (set aside by the court); 

- a pardon, that is, a free and absolute pardon granted because the person was 

wrongly convicted. 

This discretion is not available for applicants who became permanent residents 

before 1 July 2007 and apply for citizenship prior to 1 July 2010. 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 application. 

Partial exemption—person born in Australia or former Australian citizen 

Subsection 22(2) 

“(2) Paragraphs (1)(a) and (b) do not apply if the person: 

(a) was born in Australia; or 

(b) was an Australian citizen at any time before the person made the 


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 application. Absences from Australia in that period of no more than three 

months are allowed (subsection (1B) refers). 

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, or 

last ceased, to be an Australian citizen – subsection 24(7). Some former Australian 

citizens may also be eligible to apply for resumption of Australian citizenship. See 

Chapter 7 – Resumption. 


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Ministerial discretion – administrative error Subsections 22(4A) and (5) 

“(4A) For the purposes of paragraph (1)(b), 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 an administrative error, was an unlawful non-citizen during that period.” 

Periods spent in Australia as an unlawful non-citizen because of an administrative 

error can be treated as periods of lawful residence. 

“(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.” 

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. This 

subsection makes explicit reference to paragraph 1(c) of the Act. However section 

5B of the Australian Citizenship (Transitionals and Consequentials) Act 2007 does 

not provide that the subsection does not apply to applicants who are permanent 

residents on commencement of the Act. The benefit of the apparent inconsistency 

should therefore be given and the subsection applied, as appropriate. 

Examples of administrative errors include unlawful cancellation of a visa, grant of a 

temporary visa to a permanent visa holder, and double processing of a visa 

application. Administrative error does not occur when a decision is overturned as a 

result of merits review. 

Ministerial discretion – person in Australia would suffer significant hardship or 

disadvantage Subsection 22(6) 

“(6) 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: 

(a) the person was present in Australia during that period (except as a 

permanent resident or an unlawful non-citizen; and 

(b) the Minister is satisfied that the person will suffer significant hardship or 

disadvantage if that period were not treated as one during which the 

person was present in Australia as a permanent resident.” 


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Periods of lawful residence, other than permanent residence, 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. This subsection makes explicit reference to 

paragraph 1(c) of the Act. However section 5B of the Australian Citizenship 

(Transitionals and Consequentials) Act 2007 does not provide that the subsection 

does not apply to applicants who are permanent residents on commencement of the 

Act. The benefit of the apparent inconsistency should therefore be given and the 

subsection applied, as appropriate. 

People who are permanent residents before commencement of the Act are also 

subject to the policy that applied immediately prior to commencement of the Act. 

That means that for people who are permanent residents before commencement of 

the Act, who are only required to meet residence requirements of two in five and one 

in two, this discretion would normally be exercised only if the applicant has 12 

months continuous permanent residence in Australia prior to the date of application. 

Use of this discretion may be appropriate for persons who have become permanent 

residents of Norfolk Island. Where an applicant satisfies all the requirements under 

section 21 except the residence requirements, but has spent the appropriate periods 

in Norfolk Island as a temporary resident prior to being granted permanent residence 

of Norfolk Island, use of this provision would be appropriate. 

Guidance on what would constitute significant hardship or disadvantage is at 

Attachment B. 

Ministerial discretion – spouse, widow or widower of an Australian citizen 

Subsections 22(9) and (10) 

“(9) If the person is the spouse, widow or widower 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 the spouse 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 


- 24 -


(d) the Minister is satisfied that the person had a close and continuing 

association with Australia during that period. 

(10) For the purposes of subsection (9), spouse includes de facto spouse.” 

Periods spent overseas by a permanent resident who is the spouse, de facto 

spouse, widow or widower of an Australian citizen can be counted as periods of 

permanent residence in Australia if the person had a close and continuing 

association with Australia during those periods. Policy is that this discretion would 

usually only be exercised if the applicant was overseas with their Australian citizen 

spouse or de facto spouse. 


include: Australian citizen spouse; Australian citizen children, if any; length of 

relationship with citizen spouse; extended family in Australia, if any; return visits to 


employment in Australia (e.g. public or private sector); ownership of property in 

Australia; evidence of income tax payment in Australia; and current bank accounts, 

if any, in Australia. 

Ministerial discretion – person in an interdependent relationship Subsection 

22(11) 

“(11) If, at the time the person made the application, the person: 

(a) holds a permanent visa granted to the person because the person was in 

an interdependent relationship with an Australian citizen; and 

(b) is in that interdependent relationship; 

then, 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: 

(c) the person held that visa during that period and the person was in 

that interdependent relationship during that period; and 

(d) the person was not present in Australia during that period; and 

(e) the person was a permanent resident during that period; and 

(f) the Minister is satisfied that the person had a close and continuing 

association with Australia during that period.” 


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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 in that interdependent relationship, can be counted as periods of permanent 

residence in Australia if the person had a close and continuing association with 

Australia during those periods. Policy is that this discretion would usually only be 

exercised if the applicant was overseas with their Australian citizen interdependent 

partner. 


include: Australian citizen children, if any; length of relationship with Australian 

citizen interdependent partner; extended family in Australia, if any; return visits to 


employment in Australia (e.g. public or private sector); ownership of property in 

Australia; evidence of income tax payment in Australia; and current bank accounts, 

if any, in Australia. 

Applications made but not decided before 1 July 2007 

The following is only applicable to applications made and not decided before 

1 July 2007. Schedule 3 – Application and transitional provisions of the Australian 

Citizenship Transitionals and Consequentials Act 2007 says: 

Applications under the old Act Schedule 3, Item 7 

“(8) In applying section 22 of the new Act to a new application covered by subitem 

(2), subsections 22(1) to (2), (4A) and (5A) of the new Act do not apply and the 

following subsections of section 22 of the new Act apply instead: 

(4) 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 engaged in activities during that period that the Minister 

considers to be beneficial to Australia; and 

(b) the person was not present in Australia during that period but was a 

permanent resident during that period.” 

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. 


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This discretion applies to both residence requirements (i.e. both “2 years in the last 

5” and “1 year in the last 2”). 

As a matter of policy: 

• the applicant must have been personally engaged in activities overseas beneficial 

to the interests of Australia, not just, for example, the company or organisation for 

which the applicant worked; and 

• the applicant must have been engaged in a series of activities, 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 ‘beneficial to the interests of Australia’ during the 

relevant period/s. It is not intended that the provision apply where there are no 

current benefits irrespective of whether benefits may accrue in the future. 

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, State or Territory Department, semigovernment 

authority or private employer; or 

- self-employed and frequent travel abroad was essential to the successful 

operation of their business, whether for an extended period or on a regular 

short-term basis; or 

- engaged overseas in activities of a social, cultural, 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, persons engaged in aid programs, artists and entertainers of world 

standing). 

Activities beneficial to the interests of Australia 

In assessing whether activities are beneficial to the interests of Australia, consider 

the following: 

- It requires “something in the nature of activities providing some advantage to 


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Australia, whether commercial or otherwise. The concept necessarily 

connotes some public interest of Australia … and means more than the 

private interests of the (applicant). This section requires some objective 

benefit to Australia.” (Federal Court in Roberts.) 

- It requires “something in the nature of activities which achieve recognition of 

Australia or Australian achievements or commercial advantage for Australia, 

or increase the international respect and goodwill for Australia … (it) refers to 

the public interests of Australia.” (AAT in Fraser.) 

- “the claim that the applicant’s employer has enhanced the reputation of 

its Australian parent company and Australian companies in general, falls short 

of demonstrating the applicant’s activities were beneficial to the interests of 

Australia.” (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 Tsui). The 

benefit should be largely as a result of the applicant’s activities and must not 

be residual, remote, indirect or speculative. (For example, AAT in McCarthy.) 

Relevant Defence Service Section 23 

“For the purposes of section 21, a person has completed relevant defence service 

if the person: 

(a) has completed: 

(i) at least 3 months service in the permanent forces of the 

Commonwealth; or 

(ii) at least 6 months service in the Naval Reserve, the Army Reserve or 

Air Force Reserve; or 

(b) was discharged from that service as medically unfit for that service and 

who became so unfit because of that service.” 

Schedule 3 – Application and transitional provisions of the Australian Citizenship 

Transitionals and Consequentials Act 2007 provides that: 


- 28 -


Expanded meaning of some expressions in the new Act Schedule 3, Item 3 

“Defence service 

(4) For the purposes of section 23 of the new Act: 

a) service in the permanent forces of the Commonwealth includes service 

because of a notice under section 26 of the National Service Act 1951 as in 

force at any time before 26 November 1964; and 

b) service in the Naval Reserve, the Army Reserve or Air Force Reserve, 

includes service in any reserve force that is a predecessor (whether 

immediate or otherwise) of the Naval Reserve, the Army Reserve or Air 

Force Reserve.” 

The service must have been undertaken by the applicant. For the purpose of 

calculating periods of service in the reserve forces, periods amounting in aggregate 

to 6 months’ service is the equivalent of 130 reserve force attendance days (i.e. 26 

weeks x 5 days = 130 days). The 130 days should comprise full day attendance, not 

part-day attendance. 

Service as an Air Force Cadet is not “relevant defence service” as cadets are not 

members of the permanent forces. Service by a member of the forces of another 

country seconded to, or on duty with, 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. 


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APPLICATION REQUIREMENTS 

Application requirements Section 46 

“(1) An application under a provision of this Act must: 

(a) be on the relevant form approved by the Minister for the purposes of that 

provision; and 

(b) contain the information required by the form; and 

(c) be accompanied by any other information or documents prescribed by the 

regulations; and 

(d) be accompanied by the fee (if any) prescribed by the regulations. 

(1A) The fee prescribed by the regulations for applications made under section 21, in 

relation to persons who have sat a test or tests approved in a determination 

under section 23A, may include a component that relates to the sitting of that 

test or those tests. 

Children aged under 16 

(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 

(b) on a form that also contains an application by 1 responsible parent of 

the child. 

Remission, refund or waiver of fees 

(3) The regulations may make provision for and in relation to the remission, refund or 

waiver of any fees of a kind referred to in paragraph (1)(d).” 

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 approved form for applications for citizenship under section 21(2) General 

Eligibility is 1300t “Application for Australian citizenship by conferral - General 

Eligibility”. 


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The approved form for applicants applying for citizenship under sections 21(3), (4), 

(5), (6), and (7) is 1290 “Application for Australian citizenship by conferral – Other 

Situations”. 

Policy is that if an applicant is under 16 years of age a responsible parent is to sign 

the application form. Responsible parent is defined in section 6 of the Act (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 (eg. 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 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 16 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, 


- 31 -


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; 

– 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 section 17 of the Australian Citizenship Act 1948 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 

section 17 of the Australian Citizenship Act 1948 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 in 

respect of periods of confinement in a prison or a psychiatric institution will also need 


- 32 -


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 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 if the discretion was not exercised and they could not become 

an Australian citizen. 

Applicants seeking exercise of the residence requirement ministerial discretion as 

the spouse, de facto spouse, widow or widower of an Australian citizen will also need 

to provide: 

• evidence of their spouse’s Australian citizenship. For example, a full 

Australian birth certificate or citizenship certificate; 

• their marriage certificate or, if a de facto spouse, evidence that they live with 

their de facto spouse on a permanent basis or that there is a mutual 

commitment to a shared life and they and their de facto spouse have had a 

genuine and continuing relationship for at least the previous 12 months; 

• evidence that they were overseas with their Australian citizen spouse or de 

facto spouse, and that during that time they maintained a close and continuing 

association with Australia during that period; 

• evidence of their spouse’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. 


- 33 -


Information, documents and fees to accompany applications Regulation 12 

“(1) For paragraph 46(1)(c) of the Act, if information or a document accompanying an 

application is not originally in English, the information or document must be 

accompanied by an official English translation. 

(2) For paragraph 46(1)(d) of the Act, an application of the kind mentioned in an item 

in Schedule 3 must be accompanied by the fee mentioned in the item.” 

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. 

A fee of $240 must accompany an application on the form 1300t – Application for 

Australian citizenship by conferral – General Eligibility unless the applicant is eligible 

for a fee concession or exemption. 

A fee of $40 is payable by certain Centrelink or Department of Veterans’ Affairs 

pension holders. Further information is at Attachment C. 

A fee of $120 must accompany an application on the form 1290, Application for 

Australian citizenship by conferral – Other Situations unless the applicant is eligible 

for a fee concession or exemption. 

A fee of $20 is payable by certain Centrelink or Department of Veterans’ Affairs 

pension holders. Further information is at Attachment C. 

Reduced fees – refused solely on grounds of not meeting residence requirements 

A fee of $120 (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 

Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 and 


- 34 -


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 $120 for their previous application or paid $20 because they 

were the holder of certain Centrelink or Department of Veteran’s 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 

Australian Citizenship Act 1948 or the Australian Citizenship Act 2007 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 $20 for their previous application or paid $120 because they 

were not the holder of certain Centrelink or Department of Veteran’s 

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 grounds and 

applies within 3 months of being able to satisfy the residence requirement. 

Nil fees – other situations - 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; 


- 35 -


See Attachment C for Schedule 3 of the Regulations which sets out the fees. 

See Attachment D for further information on fees payable by certain Centrelink or 

Department of Veteran’s Affairs pension holders. 

Refund of fees (Act subs 46 (3)) Regulation 13 

(1) The Minister may refund the whole or part of a fee that is payable under sections 

16, 19C, 21 and 29 of the Act: 

(a) if a person has previously lodged an application under the same section and 

a decision on that application has not been made; or 

(b) if a person has lodged the application as a result of incorrect advice given by 

the Department; or 

(c) if a person is an Australian citizen; or 

(d) if a person has paid an incorrect fee with the original application. 

(2) The Minister may refund the whole or part of a fee payable under section 46 of 

the Act in relation to an application made under section 33 of the Act in either of 

the following circumstances: 

(a) a person has previously made an application under the same section and a 

decision on that application has not been made; 

(b) a person has made an application as a result of incorrect advice given by the 

Department. 

(3) The Minister may refund the whole or part of a fee payable under section 46 of 

the Act in relation to an application made under section 37 of the Act in any of the 

following circumstances: 

(a) a person has previously made an application under the same section 

and a decision on that application has not been made; 

(b) a person has made an application mentioned in paragraph (a) as a result 

of incorrect advice given by the Department; 

(c) a person has already been given evidence of his or her Australian 

Citizenship, but a departmental error was made which resulted in an 

error in the information provided in the evidence. 

(4) If a person: 

(a) made an application under section 21 of the Act; and 


- 36 -


(b) claimed eligibility in that application on the basis of the criteria in 

subsection 21 (2) of the Act; and 

(c) paid the fee specified in item 14 or 15A of Schedule 3; and 

(d) does not satisfy the criteria in subsection 21 (2) of the Act because he 

or she did not sit a test as described in paragraph 21 (2A) (a) of the 

Act; 

the Minister may refund $20 of the fee (which is the component of the fee 

that relates to the sitting of a test of that kind). 

(5) If a person: 

(a) made an application under section 21 of the Act; and 

(b) claimed eligibility in that application on the basis of the criteria in 


(c) paid the fee specified in item 14A or 15B of Schedule 3; and 

(d) does not satisfy the criteria in subsection 21 (2) of the Act because he 

or she did not sit a test as described in paragraph 21 (2A) (a) of the 

Act; 

the Minister may refund $120 of the fee (which is the component of the fee 

that relates to the sitting of a test of that kind). 

Subregulations 13(4) and (5) provide that the component of the fee that relates to the 

sitting of a test ($120 or $20) may be refunded if a person made an application under 

for the general eligibility provisions (Form 1300t) and paid the relevant fee ($240 and 

$40) but did not sit a test before making the application. 


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DECISION MAKING 

Minister’s decision Section 24 

“(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. 

Note: The Minister may cancel an approval: see section 25. 

(1A) The Minister must not approve the person becoming an Australian citizen 

unless the person is eligible to become an Australian citizen under subsection 

21(2), (3), (4),(5),(6), (7) or (8). 

(2) The Minister may refuse to approve the person becoming an Australian citizen 

despite the person being eligible to become an Australian citizen under 

subsection 21(2), (3), (4), (5), (6), (7) or (8). 

Identity 

(3) The Minister must not approve the person becoming an Australian citizen unless 

the Minister is satisfied of the identity of the person. 

Note: Division 5 contains the identity provisions. 

National security 

(4) If the person is not covered by subsection (4B), 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 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). 

(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: 

(i) has been convicted of a national security offence; or (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 

(b) if subparagraph (4B)(b)(ii) applies to the person—has been convicted of a 


- 38 -


national security offence. 

(4B) A person is covered by this subsection if: 

(a) at the time the person made the application under section 21, the person: 

(i) is not a national of any country; and 

(ii) is not a citizen of any country; and 

(b) either: 

(i) the person was born in Australia; or 

(ii) the person was born outside Australia and, at the time of the 

person’s birth, the person had a parent who was an Australian 

citizen. 

(4C) The Minister may decide that subparagraph (4A)(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. 

Person not present in Australia 

(5) If: 

(a) the person is covered by subsection 21(2), (3) or (4); and 

(b) the Minister did not apply subsection 22(9) in relation to the person; and 

(c) the Minister did not apply subsection 22(11) in relation to the person; the 

Minister must not approve the person becoming an Australian citizen at a 

time when the person is not present in Australia. 

Offences 

(6) The Minister must not approve the person becoming an Australian citizen at a 

time: 

(a) when proceedings for an offence against an Australian law (including 

proceedings by way of appeal or review) are pending in relation to the 

person; or 

(b) when the person is confined to a prison in Australia; or 

(c) 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 


- 39 -


imposition on the person of a serious prison sentence; or 

(d) if the person is a serious repeat offender in relation to a serious prison 

sentence during the period of 10 years after the end of any period during 

which the person has been confined to a prison in Australia because of the 

imposition of that sentence; or 

(a) if the person has been released from serving the whole or a part of a 

sentence of imprisonment on parole or licence—during any period during 

which action can be taken under an Australian law to require the person to 

serve the whole or a part of that sentence; or 

(f) if the person: 

(i) has been released by a court from serving the whole or a part of a 

sentence of imprisonment; and 

(ii) has been so released because the person gave a security, with or 

without sureties, by recognizance or otherwise, that the person 

will comply with conditions relating to the person’s behaviour; 

during any period during which action can be taken against the person 

under an Australian law because of a breach of a condition of that security; 

or 

(g) if in respect of proceedings for an offence against an Australian law in 

relation to the person: 

(i) a court does not impose a sentence of imprisonment on the person; 

and 

(ii) the court releases the person because the person gives a security, 

with or without sureties, by recognizance or otherwise, that the 

person will comply with conditions relating to the person’s 

behaviour; 

during any period during which action can be taken against the person 

under an Australian law because of a breach of a condition of that security; 

or 

(h) during any period during which the person is 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. 

Cessation of citizenship 

(7) If the person has at any time ceased to be an Australian citizen, the Minister 


- 40 -


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. 

Statelessness 

(8) However, subsections (6) and (7) do not apply to a person covered by 

subsection 21(8) (about statelessness). 

An application must be approved or refused. 

If an applicant meets the eligibility requirements and there is no prohibition on 

approval, the application would generally be approved. They must also be given 

notice of the decision. 

Minister may cancel approval Section 25 

“(1) The Minister may, by writing, cancel an approval given to a person under section 

24 if: 

(a) the person has not become an Australian citizen under section 28; and 

(b) either of the following 2 situations apply. 

Eligibility criteria not met 

(2) The first situation applies if: 

(a) the person is covered by subsection 21(2), (3) or (4); and 

(b) the Minister is satisfied that, at the time the Minister proposes to cancel the 

approval, the person is: 

(i) not a permanent resident; or 

(ii) not likely to reside, or to continue to reside, in Australia or to 

maintain a close and continuing association with Australia; or 

(iii) not of good character. 

Failure to make pledge of commitment 

(3) The second situation applies if: 


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(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 

(b) the person’s reason for the failure is not one that is prescribed by the 

regulations for the purposes of this subsection. 

Cancellation of child’s approval 

(4) If: 

(a) a child aged under 16 makes an application under section 21 at a 

particular time; and 

(b) 1 or more responsible parents of the child make applications under section 

21 at that time; and 

(c) the Minister decides under section 24 to approve the child and 1 or more 

of the responsible parents becoming Australian citizens; and 

(d) the Minister cancels the approval given to each responsible parent; 

the Minister must, by writing, cancel the approval given to the child. 

Effect of cancellation 

(5) If the Minister cancels an approval given to a person, the approval is taken never 

to have been given. 

Note: A person cannot become an Australian citizen under this Subdivision 

unless the Minister approves the person becoming an Australian 

citizen. This subsection has the effect that the person will need to make 

another application if the person wants to become an Australian 

citizen.” 

In certain circumstances, approval of citizenship given under section 24 of the Act 

may be cancelled if the person has not made the pledge of commitment. Children 

are not required to make the pledge of commitment. However, 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. Unless the requirements above are met an approval 

cannot be cancelled. 

In the case of people who have been given approval on the basis of meeting the 

general eligibility requirements, the permanent physical or mental incapacity 


- 42 -


requirements, or the requirements relating to people aged 60 or over or with hearing, 

speech or sight impairment, the approval may be cancelled if the person is no 

longer: 

• a permanent resident; 

• likely to reside, or continue to reside, in Australia or to maintain close and 

continuing association with Australia; or 

• of good character. 

Guidance on assessment of whether a person meets these requirements is given in 

the first part of this chapter. 

In the case of people who are required to make a pledge of commitment, and have 

not done so within 12 months of receiving notice of approval, the approval may not 

be cancelled if the reason for the failure is prescribed by Regulation 7. 

Prescribed reasons for failing to make pledge of commitment Regulation 7 

“(1) For subsection 25 (3) of the Act, this regulation prescribes reasons for failing 

to make a pledge of commitment. 

(2) A person has a prescribed reason for failing to make a pledge of commitment 

if: 

(a) the person was prevented from making a pledge because the Minister has 

determined under subsection 26 (3) of the Act that the making of the 

pledge should be delayed for a specified period; and 

(b) either: 

(i) that specified period has not yet ended; or 

(ii) the specified period has ended, but the person has not yet had a 

reasonable period of time since the end of the specified period in 

which to make a pledge 

(3) Subject to subregulation (5), a person has a prescribed reason for failing to 

make a pledge of commitment if: 

(a) the person could not make a pledge, either in Australia or at an Australian 

mission overseas, because during that period, the person was overseas: 

(i) for medical treatment that was not available in Australia; or 

(ii) for a purpose unrelated to medical treatment, and was unexpectedly 

hospitalised: or 

(ii) to care for a person who was critically ill; or 


- 43 -


(iii) for a funeral and other associated arrangements; and 

(b) either: 

(i) the person still cannot make a pledge for the reason mentioned in 

paragraph (a); or 

(ii) the person is now able to make a pledge, but the person has not yet 

had a reasonable period of time in which to do so. 

(4) Subject to subregulation (5), a person has a prescribed reason 

for failing to make a pledge of commitment if: 

(a) the person could not make a pledge because of an administrative error or 

omission made by: 

(i) the Commonwealth, a State or Territory; or 

(ii) an authority of the Commonwealth, a State or Territory; or 

(iii) a local government authority; and 

(b) either: 

(i) the error or omission has not been rectified; or 

(ii) the error or omission has been rectified, but the person has not yet had 

a reasonable period of time in which to make a pledge. 

(5) For subregulation (3) or (4), a person has a prescribed reason only if the 

person gives the Minister: 

(a) a signed statement to support the claim that includes a description of any 

effort that the person made to make a pledge of commitment within the 

relevant period; and 

(b) written evidence that supports the statement.” 

Subregulation (5) means that if a person has failed to make a pledge for a reason 

covered by subregulation (3) or (4), and the person has not provided a signed 

statement and supporting evidence in accordance with subregulation (5), there is no 

prescribed reason which would prevent consideration being given to cancellation of 

their approval. 

Pledge of commitment must be made Section 26 

“(1) A person must make the 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 


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Australian citizen; or 

(b) has a permanent physical or mental incapacity at the time the person made 

the application to become an Australian citizen that means the person is not 

capable of understanding the nature of the application; or 

(c) is covered by 21 (6) (person born to former Australian citizen), or 21 (7) 

(person born in Papua) or 21(8) (statelessness). 

Note: See section 27 for how the pledge is to be made. 

(2) A person must not make a pledge of commitment before the Minister approves 

the person’s application to become an Australian citizen. A pledge of 

commitment made by the person before that time is of no effect. 

Delayed making of pledge 

(3) If the person is required to make the 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) the person has been or may be charged with an offence under an 

Australian law. 

(4) The Minister must not specify a period that exceeds, or periods that in total 

exceed, 12 months. 

(5) The Minister may, by writing, revoke a determination. 

(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. A pledge of commitment made by the person before that time is 

of no effect.” 


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How pledge of commitment is to be made Section 27 

“Form of pledge 

(1) A pledge of commitment must be made in accordance with either of the forms 

set out in Schedule 1. 

Prescribed arrangements 

(2) A pledge of commitment must be made in accordance with the arrangements 

prescribed by the regulations. 

Note: The regulations may provide for a pledge of commitment to be made in 

public. 

Persons who may receive pledge 

(3) A pledge of commitment must be made before: 

(a) the Minister; or 

(b) a person authorised under subsection (4); or 

(c) a person who is included in a class of persons authorised under subsection 

(5). 

(4) The Minister may, by writing, authorise a person for the purposes of paragraph 

(3)(b). 

(5) The Minister may, by legislative instrument, authorise a class of persons for the 

purposes of paragraph (3)(c).” 

Chapter 6 - Ceremonies, includes details of people authorised by the Minister. 

Day citizenship begins Section 28 

“Persons required to make pledge of commitment 

(1) A person required to make a pledge of commitment becomes an Australian 

citizen under this Subdivision on the day on which the person makes the pledge. 


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Persons not required to make pledge of commitment 

(2) Subject to subsection (3), a person not required to make a pledge of 

commitment becomes an Australian citizen under this Subdivision on the day 

on which the Minister approves the person becoming an Australian citizen. 

Applications made at the same time by child and responsible parents 

(3) Subsection (2) does not apply to a child aged under 16 at the time the child made 

the application to become an Australian citizen if: 

(a) 1 or more responsible parents of the child made applications under section 

21 at that time; and 

(b) the Minister decided under section 24 to approve the child and 1 or more 

of the responsible parents becoming Australian citizens. 

(4) If 1 or more of the responsible parents become Australian citizens under this 

section, the child becomes an Australian citizen on the first day on which a 

responsible parent becomes an Australian citizen.” 

Children under the age of 16 years at the time of application are not required to 

make a pledge of commitment. However, if they make an application at the same 

time, and on the same form, as a responsible parent they do not become an 

Australian citizen unless and until the responsible parent becomes a citizen. 

The following table provides a snapshot of the day on which citizenship begins for 

applications approved under the subsection 21(1) of the Act: 

General eligibility (subsection 21(2) ) 

Permanent physical or mental incapacity 

(subsection 21(3)) 

Person 60 years or older or has a hearing 

speech or sight impairment (subsection 

21(4)) 

Person born to former Australian citizen 


On making the pledge 

Date application is approved 




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Person born in Papua before 16 September 

1975 to an Australian born parent 


Stateless person (subsection 21(8)) 

Child under 16 years who applied at the 

same time as responsible parent 


Child under 16 years at application who 

applied in their own right (subsection 21(5)) 

Child 16 years and over at application 




Date the responsible parent 

becomes a citizen 



Notification of decisions Section 47 

“(1) If the Minister makes a decision under this Act in relation to a person, the 

Minister must give the person notice of the decision. 

Child 

(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. 

Reasons for adverse decision 

(3) If the decision is an adverse decision, the notice must include the reasons for the 

decision. 

Form of notice 

(4) The Minister must give the notice in the manner prescribed by the regulations 

(which includes electronic form). 

Procedural defect does not affect validity of decision 

(5) A failure to comply with subsection (3) or (4) does not affect the validity of the 

decision.” 


- 48 -


A person must be given notice of the decision on their application. If the decision is a 

refusal, the notice must include the reasons for the decision. Policy requires the 

notification include information on any review right. 

Review of decisions Section 52 

“(1) An application may be made to the Administrative Appeals Tribunal for review of 

the following decisions: 

(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; 

Citizenship by conferral decision 

(2) However, if: 

(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 

(c) the person was aged 18 or over at the time the person made the 

application to become an Australian citizen; 

a person (the applicant) cannot apply for review of that decision unless the 

applicant is a permanent resident.” 

Generally a decision to refuse an application for Australian citizenship by conferral 

can be reviewed by the Administrative Appeals Tribunal (AAT) only if the applicant is 

a permanent resident. The two exceptions are where the applicant was under the 

age of 18 when they applied for citizenship, 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. 


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ATTACHMENT A 

HISTORICAL PROVISIONS IN RELATION TO RESIDENTS OF COCOS 

(KEELING) ISLANDS ON 23 November 1955 

In certain circumstances, 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. 

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. 

Refer to the definition of "ordinarily resident". 

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 person 

under 21 years of age could lodge a declaration within two years after attaining the 

age of 21 years. These provisions expired on 22 November 1978. 

People registered under those provisions became Australian citizens on 23 

November 1955, the date the Islands became an Australian Territory. A certified 

copy of a declaration registered under this provision may be accepted as evidence of 

Australian citizenship. 

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), could make a declaration that they wished to acquire Australian 

citizenship provided that they were ordinarily resident in Australia or an external 

Territory. If the declaration was in order, it was registered. A declarant under 

section 14A was deemed to become an Australian citizen on the date of registration. 

This provision was repealed on 7 July 1997. 

RESIDENTS OF CHRISTMAS ISLAND ON 1 October 1958 

In certain circumstances, a person who was ordinarily resident on Christmas 

Island immediately before the transfer of the Island to Australia (on 1 October 1958) 


- 50 -


could acquire Australian citizenship by registration of a declaration. 

The Christmas Island Act (section 15) 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. See definition of 

"ordinarily resident". 

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. A 

person under 21 years of age could make a declaration within two years after 

attaining the age of 21 years. These provisions expired on 30 September 1981. 

People registered under section 15 became Australian citizens on 1 October 1958, 

the date the Island became an Australian territory. A certified copy of a declaration 

registered under this provision may be accepted as evidence of Australian 

citizenship. 

The Christmas Island Amendment Act 1980 (section 15A) 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, 

could make a declaration that they wished to acquire Australian citizenship, provided 

they were ordinarily resident in Australia or an external territory. If the declaration 

was in order, it was registered. A declarant under section 15A was deemed to have 

become an Australian citizen on the date of registration. This provision was 

repealed on 7 September 1997. 


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ATTACHMENT B 

SIGNIFICANT HARDSHIP AND DISADVANTAGE 

Definitions according to The Macquarie Concise Dictionary and Collins Concise 

English Dictionary, Australian Edition: 

significant 

hardship 

disadvantage 

of consequence; 

important or momentous 

conditions of life difficult to endure; 

something that causes suffering or privation 

an unfavourable circumstance, thing, person; 

injury, 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, 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, or are unable to use a passport 

issued by that country for safety or similar reasons; 

• academic (e.g. research, 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, to the extent that it causes significant 

hardship. 

Decision makers will need to assess each application on its merits. While policy is 

not to be applied inflexibly, it must be applied, unless there are special 

circumstances that would warrant consideration outside that policy. 

Evidence of significant hardship and disadvantage is required e.g. a statement in 

writing, with appropriate supporting documentation to demonstrate how they meet 

the legal and policy requirements. 

The onus is on the applicant to provide the evidence to support the application. 


- 52 -


Decision makers must be mindful of the difference between personal needs and 

personal wants. 

Personal needs relate to situations which would give rise to significant hardship or 

disadvantage if a person could not meet that need. For example, if a person could 

not find any employment, and was unable to adequately financially support 

themselves or their family. 

Personal wants are aspirations and generally do not constitute hardship i.e. the 

right to vote, election to Parliament, HECS availability, representing Australia 

internationally in academics or sport. 

Australian citizenship is not a requirement to study in Australia. Australian 

universities are permitted to admit students who are not Australian citizens. 

Permanent visa holders are eligible for a Commonwealth supported place 

(previously known as a Higher Education Contribution Scheme) or a domestic feepaying 

place. 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. 

Further information is available from the Department of Education, Science and 

Training at www.dest.gov.au. 

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. 


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ATTACHMENT C 

Schedule 3 

Fees to accompany applications 

(subregulation 12(2)) 

Item Application 

Fee 

5 An application under section 21 where the applicant has Nil 

completed at least three months' service in the permanent 

forces of the Commonwealth or three month's National 

Service under section 26 of the National Service Act 1951 

as in force at anytime before 26 November 1964 


entered Australia from the United Kingdom or Malta between 

22 September 1947 and 31 December 1967inclusive, and was 

a ward of the Minister under the 

Immigration (Guardianship of Children) Act 1946. 

7 An application (the new application) under section 21 of the Act if: Nil 

(a) the applicant claims eligibility on the basis of the criteria in 

subsection 21 (3) or (4) of the Act; and 

(b) the applicant previously made an application 

(the old application) under: 

(i) subsection 13 (1) of the Australian Citizenship Act 1948; 

or 

(ii) section 21 of the Act; and 

(c) after considering the old application, the Minister 

refused to approve the person becoming an Australian citizen 

only because the Minister was not satisfied that the applicant 

met the residence requirement set out in: 

(i) paragraphs 13 (1) (d) and (e) of the Australian Citizenship Act 

1948; or 

(ii) subsection 22 (1) of the Act; or 

(iii) subsection 22 (1) of the Act applied by item 5B or 

subitem 7 (8) of Schedule 3 to the Australian Citizenship 

(Transitionals and Consequentials) Act 2007; and 

(d) the applicant made the new application within 3 months after first 


- 54 -


becoming able to meet the residence requirement 

7A An application (the new application) under section 21 of the Act if: Nil 

(a) the applicant claims eligibility on the basis of the criteria in 


(b) the applicant previously made an application (the old application) 

on or after 1 October 2007; and 

(c) under the old application, the applicant claimed eligibility on t 

he basis of the criteria in subsection 21(2) of the Act; and 

(d) after considering the old application, the Minister refused to 

approve the person becoming an Australian citizen only 

because the Minister was not satisfied that the applicant 

met the residence requirement set out in: 

(i) subsection 22 (1) of the Act; or 

(ii) subsection 22 (1) of the Act applied by item 5B of 

Schedule 3 to the Australian Citizenship 

(Transitionals and Consequentials) Act 2007; and 

(e) the applicant made the new application within 3 months 

after first becoming able to meet the residence requirement 


applied under subsection 21 (8) (statelessness) 

9 An application under section 21 of the Act if the applicant: $20 

(a) holds a pensioner concession card or health care card, 

endorsed by Centrelink with 1 of the following codes: AGE; AGE 

BLIND; CAR; DSP; DSP BLIND; MAA; NSA; PPP; PTA; SAL; 

SPL; WDA; WFA; WFD; WFW; and 

(b) does not claim eligibility on the basis of the criteria in 

subsection 21 (2) of the Act 


(a) holds a pensioner concession card, endorsed by 

Centrelink, with the code PPS; and 

(b) produces evidence that the applicant is over 60 years of 

age; and 

(c) has been in receipt of PPS for at least 9 months; and 

(d) does not claim eligibility on the basis of the criteria in 



- 55 -



(a) holds a health care card, endorsed by Centrelink with the 

code PA; and 

(b) produces evidence that the applicant is: 

(i) the partner of a holder of a pensioner 

concession card, endorsed by Centrelink 

with 1 of the following codes: AGE; AGE BLIND; 

CAR; DSP; DSP BLIND; MAA; WFA; WFD; 

WFW; or 

(ii) the partner of a holder of a health care card, 

endorsed by Centrelink with the code SL 

and who has received the SL benefit for at least 

46 of the previous 52 weeks; and 

(c) does not claim eligibility on the basis of the criteria in 



(a) holds a health care card, endorsed by Centrelink with the 

code SL; and 

(b) produces evidence that the applicant has received the 

SL benefit for at least 46 of the previous 52 weeks; and 

(c) does not claim eligibility on the basis of the criteria in 



(a) holds a pensioner concession card, endorsed by 

the Department of Veterans’ Affairs, for an Age Service, 

Invalidity Service or Partner Service pension or an 

Income Support Supplement; and 

(b) does not claim eligibility on the basis of the criteria in 


14 An application under section 21 of the Act if: $40 

(a) the applicant claims eligibility on the basis of the 

criteria in subsection 21 (2) of the Act; and 

(b) any of the following provisions applies to the applicant: 

(i) paragraph (a) of item 9; or 

(ii) paragraphs (a), (b) and (c) of item 10; or 

(iii) paragraphs (a) and (b) of item 11; or 

(iv) paragraphs (a) and (b) of item 12; or 


- 56 -


(v) paragraph (a) of item 13 

14A An application under section 21 of the Act, other than $240 

an application mentioned in items 5 to 14 or items 14B to 15B, 

if the applicant claims eligibility on the basis of the criteria in 


14B An application under section 21 of the Act by a child, under the Nil 

age of 16, who applies for citizenship at the same time, and 

on the same form, as a responsible parent 

15 An application under section 21of the Act, other than $120 

an application mentioned in items 5 to 14B or item 15A or 15B 

15A An application under section 21 of the Act (the new application) $20 

made on or after 1 October 2007 if: 

(a) the applicant claims eligibility on the basis of the criteria 

in subsection 21 (2) of the Act; and 

(b) the applicant made a previous application (the old application) 

before 1 October 2007; and 

(c) either: 

(i) the old application was accompanied by the 

fee of $20; or 

(ii) the old application was accompanied by the fee 

of $120, and subparagraph (b) (i), (ii), (iii) or (iv) 

of item 14 applies to the applicant in relation 

to the new application; and 

(d) after considering the old application, the Minister 

refused to approve the person becoming an Australian 

citizen only because the Minister was not satisfied 

that the applicant met the residence requirement set out in: 

(i) paragraph 13 (1) (d) or (e) of the Australian 

(ii) Citizenship Act 1948; or 


(iii) subsection 22 (1) of the Act applied by item 5B 

or subitem 7 (8) of Schedule 3 to the Australian 

Citizenship (Transitionals and Consequentials) Act 

2007; and 

(e) the new application was made within 3 months after 

the applicant became able to meet the residence 

requirement. 


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15B An application under section 21 of the Act (the new application), $120 

made on or after 1 October 2007 if: 

(a) the applicant claims eligibility on the basis of the criteria 

in subsection 21 (2) of the Act; and 

(b) the applicant made a previous application (the old application) 

before 1 October 2007; and 

(c) either: 

(i) the old application was accompanied by the fee of 

$120; or 

(ii) the old application was accompanied by the fee 

of $20, and none of subparagraphs (b) (i), (ii), (iii) 

and (iv) of item 14 applies to the applicant in relation to 

the new application; and 

(d) after considering the old application, the Minister refused 

to approve the person becoming an Australian citizen 

only because the Minister was not satisfied that the 

applicant met the residence requirement set out in: 

(i) paragraph 13 (1) (d) or (e) of the Australian 

Citizenship Act 1948; or 


(iii) subsection 22 (1) of the Act applied by item 5B 

or subitem 7 (8) of Schedule 3 to the Australian 

Citizenship (Transitionals and Consequentials) 

Act 2007; and 

(e) the new application was made within 3 months after 

the applicant became able to satisfy the residence requirement. 


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ATTACHMENT D 

Concession fee for certain persons in receipt of Centrelink or Department of 

Veterans’ Affairs (DVA) pensions (Reg 9(1A)) 

The relevant payments and appropriate evidence are as follows: 

Pension 

Appropriate evidence 

Centrelink payments 

Age pension 

Mature age allowance 

Disability support pension 

Wife pension 

Partner allowance 

A Pensioner Concession Card (PCC) or a Health 

Care Card (HCC) issued by Centrelink with the 

relevant payment code on the back 

Code: AGE or AGE BLIND 

Code: MAA or NMA (Newstart Mature Age 

Allowance) 

Code: DSP or DSP BLIND 

Code: WFA, WFD, WFW 

Code: Health Care Card is PA but not all recipients 

are eligible. Applicant would need to show other 

evidence (letter from Centrelink) that their partner is 

a recipient of the Age, Wife, Disability Support 

pension, Carer payment, Mature Age allowance or 

long term Special Benefit. 

See also Older Benefit recipients below. 

Carer Payment 

Special Benefit 

Code: CAR (not Carer Allowance) 

Code: Health Care Card Code is SL. Concession 

only applies to long term recipients who have been 

receiving this benefit for at least 46 of the previous 

52 weeks. A letter of identification is required from 

Centrelink. 


- 59 -


Older Benefit recipients (over 

60 years of age and in receipt 

of following benefits for more 

than 9 months) 

Widow Allowance 

Parenting Payment 

Newstart Allowance 

Sickness Allowance 

Partner Allowance 

Special Benefit 

Note the PPS Code below would need a letter from 

Centrelink identifying this person as aged over 60 

and having been receiving the PPS payment for 9 

months or more. 

Code: WDA 

Code: PPP or PPS 

Code: NSA 

Code: SAL 

Code: PTA 

Code: SPL 

DVA pensions 

Age service pension 

Invalidity service pension 

Partner service pension 

It is not possible to determine eligibility simply by 

looking at a DVA-issued entitlement card. As a 

matter of policy, 

acceptable evidence is: 

• a PCC issued by the DVA plus an oral statement 

by the applicant that he or she is a recipient of 

one of the listed DVA pensions; or 

• documentation issued by the DVA (such as a 

letter) which identifies them as a recipient of one 

of the listed DVA pensions. 

A blue DVA Pensioner Concession Card is generally sufficient evidence that the person 

qualifies for a charge concession. 

A Commonwealth Seniors Health card is not acceptable evidence, as not all holders are 

eligible for the fee concession. 


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ATTACHMENT E 

BRITISH NATIONALITY AND BRITISH SUBJECTS 

This section contains information on British nationality before 26 January 1949, 

including citizenship by birth and descent, naturalization, children and foreign 

born wives; citizenship by marriage, loss of British citizenship and British status 

after 26 January 1949 including citizenship in relation to Commonwealth 

countries, such as Burma, Ireland, South Africa and Pakistan. 

British nationality prior to 26 January 1949 

Before the old Act came into force on 26 January 1949 the status of Australian 

citizenship did not exist. People born in Australia automatically acquired the 

status of British subject. This could also be acquired by descent, naturalization, 

marriage or annexation of Territory, and there were also provisions for loss of 

British nationality. 

Birth and descent 

People acquired British subject status at birth if they were born: 

Within Great Britain's Dominions unless: 

- their father was, at the time of the birth, the diplomatic representative 

of a foreign power; or 

- they were born of an alien enemy father in occupied British territory; 

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, 

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, had 

been granted a Certificate of Naturalization of the type set out in 

Naturalization below; 


- 61 -


- outside Great Britain's Dominions after 1 January 1915, of a father who 

was a British subject by descent only, and the birth was registered at a British 

consulate. 

Naturalization – 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; 

- Government of the Commonwealth between 1 January 1904 and 31 March 

1937, (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, after the dates shown 

- Canada - after 1/1/1915 

- Newfoundland - after 5/6/1915 

- South Africa - after 21/5/1926 

- New Zealand - after 1/7/1929. 

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. 

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, 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, 

the wife did not acquire British subject status unless she made a Declaration 

of Acquisition of British subject status under section 18(5) of the Nationality 


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Act 1920-1946; 

- if the husband was naturalized before 1 January 1921 the wife may or may 

not have acquired British subject status. 

Marriage 

Prior to 26 January 1949 an alien woman who married a British subject acquired 

British subject status by virtue of the marriage. Dissolution of the marriage, or the 

death of the husband, did not affect the woman’s nationality. 

Annexation of a territory 

British subject status could be acquired by inhabitants of a territory annexed by 

the British Government. 

Loss of British nationality 

British subject status could be lost in any one of the following ways: 

- by naturalization in a foreign State, if the person concerned was sane, of full 

age, and was not a married woman; 

- by declaration of alienage which could be made only in specified cases and 

were very few in number; 

- in the case of persons who had obtained British subject status by 

naturalization, by revocation on the order of the Minister responsible for 

nationality matters at the time; or 

- in the case of a British woman, by marriage to an alien in certain 

circumstances. 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. 

British subject status from 26 January 1949 

Between 26 January 1949 and 01 May 1987, citizens of Australia were also 

British subjects for the purposes of Australian law. 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 


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Commonwealth. 

For the purposes of Australian law, a person was a British subject if she or he 

was an Australian citizen or a citizen, or a citizen of one of the countries listed in 

section 7 of the Act or in regulations made under that provision. 

Today, the most important implication of "British subject" status relates to 

whether a person obtained citizenship automatically on 26 January 1949 under 

the transitional arrangements. The countries included in section 7 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. 

A person, 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, became a British subject without 

citizenship. 

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, (26 January 1949) did not lose her 

Australian citizenship by reason only of marriage, whatever her husband's 

nationality and wherever the marriage took place. This was the case even if a 

result of the marriage was the automatic conferral of her husband's citizenship. 

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 


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have been a British subject immediately before the Act commenced. She 

therefore would have become an Australian citizen if she was born in Australia or 

in New Guinea, or before marriage was naturalized in Australia, or was ordinarily 

resident in Australia and/or New Guinea for the five years immediately before the 

Act commenced. (See the repealed section 25(1) and 27.) 

A woman marrying an Australian citizen after the commencement of the old Act 

did not thereby acquire Australian Citizenship. 

Women who acquired British subject status by marriage before the Act 

commenced were not deprived of that status (section 26A of the old Act). 

Burma 

Burma ceased to be a member of the British Commonwealth on 4 January 1948. 

Although UK legislation came into force at that time, which ceased the British 

subject status of people connected with Burma, in Australia the common law 

applied. 

For the purposes of Australian law, only those Burmese who were inhabitants of 

Burma on 4 January 1948, and who remained there after that date, ceased to be 

British subjects automatically by reason of Burma's departure from the British 

Commonwealth. Therefore, for example, 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. 

In the UK, the Burma Independence Act provided that certain people connected 

with Burma should cease to be British subjects, namely: 

• any person born in Burma whose father or paternal grandfather was born in 

Burma - but any such person who was born in British Territory or in a British 

Protected Territory, or whose father or paternal grandfather was born in such 

Territory, was excepted and remained British; and 

• women who had become British subjects by reason only of marriage to such a 

person. 

People who were domiciled in the United Kingdom or His Majesty's dependencies 


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were given the opportunity to elect to remain British within two years after 4 

January 1948. The divergence between United Kingdom and Australian law was 

abolished by the Nationality and Citizenship (Burmese) Act 1950, which came 

into force on 29 July 1950 with the following effects: 

- people who ceased to be British subjects under the UK Act, but had remained 

British under Australian law, 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. 

- 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, or 

marriage to, a person who ceased to be a British subject by reason of the Act. 

- any person who was an Australian citizen immediately before 29 July 1950, 

and who on that date ceased to be a British subject by reason of the Act, had 

the right to make a declaration electing to remain an Australian citizen and a 

British subject, within two years after 29 July 1950. Such declarations were of 

no effect until registered, 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, which may 

be accepted as evidence of their status; 

- 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, or in British 

Protected Territory. 

Ireland 

Ireland here refers to the country commonly known as "Eire", and does not 

include Northern Ireland, which is still a part of the United Kingdom (UK). 

Under Irish law, Irish citizens ceased to be British subjects on 1 January 1949. 

Under UK and Australian law, however, Ireland was treated in the same way as 


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His Majesty's dominions. The Government of Ireland objected in principle to the 

continuance of Australia's position, 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. 

The Nationality and Citizenship Act 1948 (and the UK British Nationality Act) 

sought to meet these objections: 

- people born in Ireland, 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 (eg, 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, Papua or New Guinea before 16 September 1975 or 

subsequently had had such associations with Australia. 

Upon giving such notice the claimant had the status of British subject. The person 

might also be an Australian citizen under s 25 of the Nationality and Citizenship 

Act 1948 'transitional provisions', if they were ordinarily resident in Australia for 

the 5 years before 26 January 1949 (section 25(1)(d)). 

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. 

Irish citizens who were not Australian citizens or British subjects were not "aliens" 

- 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). 


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South Africa and Pakistan 

South Africa and Pakistan remained in the list of Commonwealth countries until 1 

December 1973. Therefore, until that date, in Australia, 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. 

Amendments to the Australian Citizenship Act in 1973 had the following effects: 

- Pakistan and South Africa were deleted from the countries in the then s 7, 

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, who were ordinarily resident in Australia 

prior to 1 December 1973, retained both the status of British subjects and 

their entitlement to apply for the grant of Australian citizenship on completion 

of 12 months' residence. 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 

section 7). 

- citizens of Pakistan and South Africa arriving in Australia on or after 1 

December 1973 were aliens. 


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CHAPTER 5 â CITIZENSHIP BY CONFERRAL - Australian Citizenship

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CHAPTER 5 â CITIZENSHIP BY CONFERRAL - Australian Citizenship