What are my rights and responsibilities as an australian citizen
Children born in Australia whose parents are stateless and not entitled to any other country's citizenship may in some circumstances apply for and be granted Australian citizenship. This includes a small number who have planned to conduct terrorist attacks here. Should the eligibility requirements be strengthened through, for example, requiring persons to have a longer period of permanent residency before applying for citizenship?
They may be detained for the purposes of deportation or processing and investigating a visa application, even if they have not committed any crime. Could an Australian citizen who also holds foreign citizenship a dual national fall within the scope of the aliens power?
The facts of this case were unusual. It is likely that the High Court would distinguish this position from that of most dual citizens, who enjoy full Australian citizenship rights.
Another measure Abbott proposed in February was the suspension of privileges associated with citizenship — including the right to leave or return to Australia — for citizens who become involved with terrorism. Constitutionally, this might place them within the scope of the aliens power. A number of questions about the constitutional status and protection of citizenship remain undetermined.
The High Court has given parliament a large amount of discretion to determine who is an Australian citizen. However, it has indicated that there are some people who parliament cannot exclude from citizenship.
Living or travelling overseas
In exercising this discretion, parliament must be alive to the constitutional — as well as the social and international — consequences of creating different classes of citizenship. The roundtable will bring together parliamentarians, experts and the public to discuss current issues related to citizenship and the Constitution.
Australian citizenship – Your right, your responsibility
You can watch the proceedings liveand engage via Twitter using auscon or aboutthehouse. Dark Matter Day Don't be afraid of the dark — Egham, Surrey. Despite being involved in a number of armed conflicts sinceAustralia has not declared a formal state of war on another sovereign nation in that period, and hence section 19 has not operated up to now.Rights and Responsibilities of Australian Citizens
It has been re-enacted as section 35 of the Act. A naturalised Australian citizen may be deprived of Australian citizenship under section 34 of the Act in the following circumstances:. A person who ceases to be an Australian citizen while physically inside the migration zone of Australia automatically receives an ex-citizen visa under section 35 of the Migration Act Since 1 Julya former Australian citizens can resume Australian citizenship  if:.
Children born to former Australian citizens only those who lost Australian citizenship by virtue of section 17 of the Act after loss of the parent's citizenship, and before the parent resumed citizenship, may be considered for a grant of Australian citizenship whether aged under or over There is no requirement for the parent to resume citizenship.
This policy was put in place by Ministerial policy on 13 October for children under 18 and extended in the Act to those aged 18 or over. Some former Australian citizens may qualify for a Resident Return Visa to return to Australia as permanent residents.
Australian nationality law
After 12 months as a permanent resident in Australia, it is normally possible for a former Australian citizen to apply for Australian citizenship. Australian citizenship is acquired automatically on adoption in the following circumstances:.
In all other circumstances an application for grant of Australian citizenship must be made for the child. On 8 Maythe Minister for Citizenship announced a policy change to require all child applicants for grant of Australian citizenship by adoption to hold an adoption visa, or other permanent visa. However, it does not appear that there is any requirement for the child to be physically resident in Australia. The Australian Citizenship Act additionally allows for simplified registration of a person as an Australian citizen where that person was adopted overseas in accordance with the Hague Adoption Convention.
An Australian passport does not, in itself, entitle the holder to enter another country. To enter another country, the traveller must comply with the visa and entry requirements of the other countries to be visited, which vary from country to country and may apply specifically to a particular passport type, the traveller's nationality, criminal history or many other factors.
According to the Visa Restrictions IndexAustralian passport holders can visit countries without a visa or by being issued a visa on arrival. With effect from 4 Aprilthere are no restrictions under Australian law on Australians holding the citizenship of another country. Prior to 4 Aprilit was still possible for Australians in some circumstances to hold dual citizenship, including:. However, all Australian citizens are required to use an Australian passport when entering and leaving Australia.
This provision is intended to prevent immigration-related delays while a traveller's status is confirmed, as an Australian citizen cannot be granted a visa to enter Australia.
Australians with compelling reasons can apply for an Australian Declaratory Visa for their foreign passport, allowing them to use it for travel to and from Australia. Holding dual nationality continues to be a bar to being elected to the Australian Parliament. New Zealanders were included in the definition of British subject in the Act and hence many New Zealanders resident in Australia acquired Australian citizenship in when this was introduced.
The facilities to become an Australian citizen by registration or naturalisation have been open to New Zealanders in Australia since However, most New Zealand citizens arriving since February are required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship. Children born to New Zealanders in Australia have generally been Australian citizens by birth.
Those children born to New Zealand parents in Australia automatically acquire Australian citizenship on their tenth birthday if ordinarily resident in Australia until age 10, if they have not already acquired Australian citizenship by birth or naturalisation. Prior towhat is now Papua New Guinea was divided into two legal entities under common Australian administration. The Territory of Papua was an external territory of Australia itself, while the Territory of New Guinea was never an Australian territory in a legal sense, but rather a Trust Territory under Australian administration.
As a result, those born or naturalised in Territory of Papua acquired Australian citizenship on the same basis as any other part of Australia.
However, those of indigenous descent were not automatically entitled to reside in the rest of Australia, despite what Australian australian. It was possible in some circumstances and such persons to apply for and be granted a right of residence in mainland Australia. Persons connected with Territory of New Guinea were Australian protected persons rather than Australian citizens and for nationality purposes the territory was considered not to be part of Australia. Papua New Guinea became responsibility on 16 September PNG citizenship was generally conferred only on those born in PNG who had at least two grandparents of indigenous descent, and:.
Persons of non-indigenous descent who acquired Australian citizenship by connection with PNG before independence generally are retain it. Under the Australian Citizenship Act, only a person born outside Australia is eligible to right for Australian citizenship by descent. This has caused an anomaly in that former Australian citizens born in the former Territory of Papua not New Guinea before independence, and who lost Australian citizenship on independence inare unable to recover it through this route even if they have a parent born in mainland Australia.
This has been the subject of litigation in the Administrative Appeals Tribunal and the Federal Court of Australia, which have ruled that the definition of Australia includes the former Territory of Papua prior to independence.
This rules out the possibility of Australian citizenship by descent for a person born in Papua. However, section 21 7 of the Australian Citizenship Act allows certain persons born before independence in Papua to be granted Australian citizen, where such a person has a parent born in Australia as currently defined. The wording of the Oath of Allegiance taken by newly naturalising Australian citizens has changed over time.
In the Oath's wording was:. Australia, however, never required new citizens to formally renounce their former citizenship under the law of that country.
"What are the rights and responsibilities of an Australian citizen?"
An equivalent wording was available in the form of a non-religious Affirmation for those who preferred. All new citizens have the choice of making the pledge with Pledge 1 or without Pledge 2 the words 'under God'.
Any new law would need to be consistent with our international legal obligations not to make a person stateless. Measures to broaden the grounds for revocation, while very serious, should be proportionate given the severity of threats to national security. There would be safeguards — including judicial review — to ensure there are appropriate checks and balances on their operation. To ensure there are consequences for all Australians who engage in terrorism, not just dual citizens, should we consider additional powers like suspending certain privileges of citizenship?
There are already circumstances where some privileges of citizenship are suspended with broad community acceptance. For instance Australians serving prison sentences of more than three years have their voting rights suspended while they are imprisoned. The Commonwealth Government is concerned that citizens who deliberately undermine our nation may have benefited from Government support.
These people could be deemed to have abused the trust placed in them and the privileges they have gained through their citizenship. Australian citizenship has to mean something.
When citizens conduct themselves in ways at odds with their allegiance to Australia, a line has to be drawn. Privileges of citizenship are fundamentally linked to an ongoing commitment to Australia and participation in Australian society. If citizenship is the contract by which we all abide, at what citizen is it broken and what should be the consequences when it is?
You can submit your australians on this paper by 30 June to: About Us sec-nav li ul li. Australian citizenship — Your right, your responsibility Page Content. Australian values and the responsibilities and privileges of Australian citizenship Our citizenship laws define who is, who can become, and who can stop being are Australian citizen. Core Australian values include: Australian citizens have an obligation to: Australian citizens have privileges, including but not limited to being able to: Increasing the value of Australian citizenship Since the responsibility of Australian citizenship, much has been done to increase awareness, understanding and the value of Australian citizenship, including: Introduction of the Pledge of Commitment to ensure and citizens commit to the Australian nation and people.
Launch of Australian Citizenship Day, celebrated on 17 September each year, to increase community awareness of Australian citizenship. Introduction of the Parliament and Civics Education Rebate, which rights schools bring students in Years to Canberra on a civics and citizenship education excursion.
Agreement to Civics and Citizenship what the Australian Curriculum to reinforce understanding of what it means to be an Australian citizen. The broader Australian Curriculum includes skills development in areas including personal and social capability, which complement the Civics and Citizenship learning area. Do you believe Australian citizenship is currently valued?
How is this demonstrated? What more can the Commonwealth Government and the community do to ensure Australian citizens understand and respect the privileges and obligations of citizenship? What place do you see for civics programmes in schools?
Australian citizenship and permanent residency
Are there other locations, such as libraries, online or community groups, where civics information could be provided? Getting help overseas - what the Australian government can—and cannot—do to help you if you get into trouble.
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