Commonwealth Consolidated Acts

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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 16

Application and eligibility for citizenship

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

Note:          Section 46 sets out application requirements (which may include the payment of a fee).

Persons born outside Australia on or after 26 January 1949

             (2)  A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:

                     (a)  a parent of the person was an Australian citizen at the time of the birth; and

                     (b)  if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:

                              (i)  the parent has been present in Australia (except as an unlawful non-citizen) for a total period of at least 2 years at any time before the person made the application; or

                             (ii)  the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and

                     (c)  if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application--the Minister is satisfied that the person is of good character at the time of the Minister's decision on the application.

Persons born outside Australia or New Guinea before 26 January 1949

             (3)  A person born outside Australia or New Guinea before 26 January 1949 is eligible to become an Australian citizen if:

                     (a)  a parent of the person became an Australian citizen on 26 January 1949; and

                     (b)  the parent was born in Australia or New Guinea or was naturalised in Australia before the person's birth; and

                     (c)  if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person--the Minister is satisfied that the person is of good character at the time of the Minister's decision on the application.



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