Industry groups, including Amnesty 1416 International and the Australia Human Rights Commission1417, have called for reform of Australia law, including to: SUB-REGIONAL OVERVIEW: THE PACIFIC Australia  Laws  Citizenship Law  Jus sanguinis provisions The citizenship law of Australia operates broadly through a jus sanguinis structure with some variance in treatment based on place of birth. The Australian Citizenship Act (2007) stipulates that citizenship by birth is automatic for children born in the territory of Australia to at least one citizen or permanent resident parent.1408 A child born in Australia will be granted citizenship if they are resident in Australia for 10 years following birth.1409 For children born outside of Australia to an Australian citizen parent the child is eligible for citizenship by application but is not automatically considered a citizen.1410 At least one parent must be an Australian citizen in order to be granted citizenship by application.1411 Foundlings in Australia will be granted automatic citizenship unless evidence proves their nationality ties elsewhere.1412 Australia’s legislation defines a stateless person as someone who does not have nationality or citizenship of any country which places the burden of proof on the stateless person and does not align with the definition provided by the 1954 Stateless Convention.1413 The citizenship law of Australia operates broadly through a jus sanguinis structure with some variance in treatment based on place of birth. A child born in Australia will be granted citizenship if they are resident in Australia for 10 years following birth.   SUB-REGIONAL OVERVIEW: THE PACIFIC abolish mandatory immigration detention in favour of a discretionary system under which detention is applied as a last resort and only when strictly necessary; restrict immigration detention to a maximum of 30 days without judicial review and six months overall; establish a system of judicial review of immigration detention longer than 30 days, with subsequent reviews carried out at regular intervals if continued detention is deemed appropriate; codify clear criteria for lawful detention and minimum standards of treatment for people subject to immigration detention, in line with UNHCR’s Detention Guidelines; and prohibit the detention of children in closed immigration detention facilities, with community-based support arrangements to be used in place of closed detention. In November 2023, the Australian High Court ruled that indefinite immigration detention is unlawful and unconstitutional in a landmark decision.1420 As a result, the solicitor general stated that in cases where there is no possibility of people being returned or deported, the person will “be released immediately into the community”.1421 There is a simplified citizenship by conferral process available to stateless persons born in Australia explicitly, outlined in the Citizenship Act. Dual citizenship Since April 2002, it has been permissible for Australian citizens to acquire citizenship of another country without losing their Australian citizenship.1422 This is due to the now repealed section 17 of the Nationality and Citizenship Act (1948), which stipulated cessation of Australian citizenship upon grant of citizenship elsewhere.1423 Treaty ratification status months prior to the application. Despite this, stateless persons not born in Australia cannot access citizenship under the citizenship law due to their visa status. Since 2014, all refugees who arrived in Australia without a valid visa have been placed on temporary visas. Under the current law, persons on temporary visas are not entitled to apply for permanent residency (except for in very limited circumstances) or citizenship, providing almost no avenues for stateless refugees to gain citizenship.1419 1418 Australia is one of only three states in the Asia-Pacific that is party to both Stateless Conventions, the Refugee Convention and all relevant human rights treaties. Australia made no relevant reservations on these ratified treaties. While party to all relevant treaties, none of the relevant treaties have been implemented directly into domestic law. For example, there is a disjunct between the definition of ‘stateless person’ in Australian citizenship law and the 1954 Statelessness Convention.1424 Naturalized citizenship There is a simplified citizenship by conferral process available to stateless persons born in Australia explicitly, outlined in the Citizenship Act.1414 In order to be eligible, the only requirement is that the stateless person is not and has never been entitled to citizenship of another country.1415 Stateless persons not born in Australia may also be eligible for the non-simplified application for citizenship by conferral if they have been legally resident in Australia for four years or as a permanent resident for 12 122 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) TABLE 32 Ratification of International laws relating to statelessness by the countries the Pacific Country Australia ✅ ⛔ Stateless 1 ✅ Stateless 2 ✅ Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ✅ ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness REPORT 2024 123