Australia to further ease citizenship laws

The Australian government is planning to introduce changes aimed at further easing the country's citizenship law.

The Australian Minister for Citizenship and Multicultural Affairs, John Cobb, made special reference to Maltese/Australian citizenship when speaking about the planned new law during an address to the Australian National Press Club on the occasion of the fifth Australian Citizenship Day celebration.

Mr Cobb would shortly be moving in the Australian Parliament the Australian Citizenship Bill that will reform the Australian Citizenship Act.

The proposed law will replace the existing Australian Citizenship Act 1948 and will incorporate amendments to the citizenship legislation announced in July 2004 and last month.

Prior and subsequent to the enactment of the Australian Citizenship Amendment Bill 2001, passed in Parliament in 2002, Kate Bonello Sullivan, founder and lobbyist of The Malta Cross, lobbied the Australian Parliament and the Australian Senate's Legal and Constitutional References Committee on behalf of Australian/Maltese who, having been compelled to formally renounce their Australian citizenship under Maltese law at the time, felt disenfranchised by losing their Australian birth-right and/or their right by descent.

In his address at the Australian National Press Club, Mr Cobb made special reference to Maltese migrants. "Some countries," he said, "require or have in the past required Australian citizens living in their country to renounce their Australian citizenship between the ages of 18 to 21 to retain citizenship of that other country and access certain benefits and services. Malta was one of these countries.

"In February 2000, Malta amended its law to allow for dual citizenship but before then thousands of Australian citizens living in Malta, many returning to Malta with their Australian born children in the 1960s, after having fled World War II, had to renounce their Australian citizenship at the age of 18 to access entitlements and services.

"To assist young people under 25 years of age in these circumstances, special resumption provisions were introduced into the Act in July 2002.

"However, we have decided that the principles underlying the resumption provisions should apply equally, regardless of whether the purpose of renunciation was to 'acquire' or 'retain' another citizenship and regardless of a person's age. The only requirement for resumption is that the person be of good character.

"In recent years one of the most significant developments has been the repeal of section 17 of the current Act to allow Australians to acquire the citizenship of another country (dual citizenship) without losing their Australian citizenship.

"Following the repeal in 2002 it became evident that further changes to the Act would be needed. Of particular concern to former citizens living overseas and seeking to resume their Australian citizenship is the requirement that they must intend to reside in Australia within three years. Under the new Act people applying to resume Australian citizenship in these circumstances will need only to meet the good character requirement."

There will also be changes with regard to the registration of citizenship by descent.

The government is amending the "Descent" provisions to remove the current age limit of 25.

The requirement that will remain unchanged is that if a parent of the applicant "acquired" Australian citizenship by descent that parent must spend or have spent a total of two years in Australia as a lawful resident prior to the application. The new Act requires only that if the applicant is 18 years of age or over s/he must be of good character.

The proposed law also provides for the grant of citizenship to people of good character and over the age of 18 years who were born overseas after their parents "lost" Australian citizenship under the former section 17, which means having "acquired" as opposed to "retained" the citizenship of another country.