Dy Dinesh Weerakkody LLB (Migration Lawyer)
There is a legislative framework for Australian Citizenship (see further below)
It all started with an announcement from the Malcolm Turnbull’s Government and misleading information on the “home affairs” website. The HA website allegedly portrayed not yet law as law! The Government lost, and the controversial citizenship bill was struck down in October 2017. The demand for university-level English has been rejected.
The citizenship backlog now has reached alarming numbers with more than 200,000 applicants awaiting the outcome of their applications.
“The number of citizenship applications on hand as at 30 April for conferral is 209,826,” a member of the Home Affairs Department told the Senate Estimates Hearing in May.
What is the government doing about the prolonged delays experienced by former refugees applying for citizenship? This is an issue that the Refugee Council of Australia has reported on and continues to work on.
In December 2017, the Commonwealth Ombudsman published a report on its own motion investigation into the issue, Delays in processing of applications for Australian Citizenship by conferral. The investigation was launched in response to many complaints about the long delays in processing citizenship applications.
The delay is completely unacceptable and is imposing hardship and significant disadvantage to would be Citizens.
What can be done?
There is judicial authority to the effect that an application arguing unreasonable delay can be made in the Federal Court.(http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca1530)
The legislative framework for Australian Citizenship
The Australian Citizenship Act 2007 (the Act), defines who is, who can become, and who ceases to be an Australian citizen.
Application acquisition pathways
Australian citizenship can be acquired by application, as set out in Part 2, Division 2 – Acquisition of Australian citizenship application of the Act:
- descent (s16), refer to Chapter 5 – Citizenship by descent
- adoptions done in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement (s19C), refer to Chapter 6 – Adopted children
- conferral (s21), refer to Chapter 7 – Citizenship by conferral
- resumption of citizenship (s29), Chapter 8 – Resuming citizenship
Australian Citizenship pathways;
- Child adopted outside Australia by an Australian citizen
- Child aged 15 years or under or an unaccompanied minor
- Child aged 16 or 17
- Child born outside Australia to an Australian citizen
- Child of a former Australian citizen
- Commonwealth Child Migration scheme arrival
- Migrant with permanent residence
- New Zealand citizen living in Australia
- Person born in Papua before independence in 1975
- Resume Australian citizenship
- Spouse or partner of an Australian citizen
- Refugee and humanitarian entrants
The acquisition pathways under the old Act differed. For information regarding acquisition under the old Act refer to legislation and policy that was in place at that time.