SUB-REGIONAL OVERVIEW: THE PACIFIC
within these populations.1451 In response,
Queensland implemented the Closing the
Registration Gap Strategy Plan 2021-2024 to
increase the birth registration rate for Aboriginal
and Torres Strait Islander people with a goal to
attain an 80% birth registration rate in the first 60
days after birth and 90% rate in the first year after
birth by 2024.1452 Barriers to birth registration
which this Plan seeks to address include “lack of
access to online and paper registration services
in remote communities, financial difficulties
caused by fees and penalties, confusion between
registration and certification processes, language
barriers and a shortage of culturally sensitive
services, limited understanding of the significance
of registration for children, and inconsistent
information
regarding
the
registration
process”.1453 Most recently, Queensland reported
a 77.2% birth registration rate for Aboriginal and
Torres Strait Islander people in 2022.1454
residency in Australia predominantly hailed from
countries like Iran and Iraq, with a large proportion
of individuals being of Kurdish ethnicity.1457
Australia has also seen refugee communities
originating from the Democratic Republic of the
Congo, Burma, Kuwait, Lebanon, and individuals
of Arab, Rohingya, and Tibetan ethnicity.1458
Refugee support services have seen an uptick
in the proportion of stateless clients originating
from the Middle East.1459
In response, Queensland implemented the Closing
the Registration Gap Strategy Plan 2021-2024 to
increase the birth registration rate for Aboriginal and
Torres Strait Islander people with a goal to attain an
80% birth registration rate in the first 60 days after
birth and 90% rate in the first year after birth by 2024.
Undetermined nationalities
Most recently, Queensland reported a 77.2% birth
registration rate for Aboriginal and Torres Strait
Islander people in 2022.
Stateless Refugees
All of the reported stateless persons in Australia
are refugees, asylum seekers or stateless persons
from countries facing humanitarian conflicts held in
immigration detention.1455 UNHCR has noted that
these figures are not representative of all stateless
persons within Australia as the country lacks a
statelessness status determination procedure.1456
In the mid-2010s, stateless individuals who
applied for and were granted permanent
126
SUB-REGIONAL OVERVIEW: THE PACIFIC
All of the reported stateless persons in Australia
are refugees, asylum seekers or stateless persons
from countries facing humanitarian conflicts held in
immigration detention.
Australia has also seen refugee communities
originating from the Democratic Republic of the
Congo, Burma, Kuwait, Lebanon, and individuals of
Arab, Rohingya, and Tibetan ethnicity.
Australia does not have publicly available census
data that captures persons classified as being
“undetermined” or “unknown” nationality. Since
2015, Australian citizenship law has provided
Ministerial powers to strip citizenship from
dual nationals who had engaged in or were
convicted of engaging in terrorist offences
which demonstrated a ‘repudiation’ of their
allegiance to Australia.1460 These provisions
operate extraterritorially, and frequently persons
stripped of citizenship have been unaware of the
occurrence. While this provision only applied to
dual citizens, and contained protections against
statelessness, there was at least one instance of
citizenship deprivation in which the purported dual
citizenship was denied by the second state and the
legality of the act was questioned.1461 Additionally,
as noted below, in June 2022 the legality of some
of the citizenship deprivation provisions was
rejected by the High Court of Australia, the status
of those stripped of Australian citizenship prior
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
to this decision remains uncertain.1462 At least
twelve persons were stripped of their Australian
citizenship under these provisions, however the
total number is likely much higher.1463
Additionally, some Australians born in Papua New
Guinea prior to its independence from Australia
have had their Australian citizenship questioned
and applications for renewal of passports denied
in recent years after living decades of their life as
Australian citizens.1464 One such affected person
successfully had their Australian citizenship
recognised by the Federal Court of Australia in
2020, however the implication of this decision on
others in similar circumstances is unclear.1465
Since 2015, Australian citizenship law has provided
Ministerial powers to strip citizenship from dual
nationals who had engaged in or were convicted of
engaging in terrorist offences which demonstrated a
‘repudiation’ of their allegiance to Australia.
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
The citizenship law of Australia provides that
stateless children born in Australia are eligible
for Australian citizenship.1466 However, this
process is not automatic, and the definition of
“statelessness” adopted in the citizenship law of
Australia acts as a barrier for stateless children
to access citizenship. Australian citizenship law
requires children to prove that not only are they
not a national or citizens of any other country but
that they have never been and are not entitled to
nationality or citizenship of another country.1467
Citizenship stripping
Under the Australian Citizenship Amendment
(Allegiance to Australia) Act (2015), provisions of the
Citizenship Act regarding cessation of citizenship
due to involvement in terrorist activities were
replaced with provisions stipulating cessation
if “you engage in various kinds of c1468onduct
inconsistent with allegiance to Australia”. It also
includes a provision extending the scope of who
this applies to, stating that anyone over the age
of 14 renounces their citizenship “if the person
acts inconsistently with their allegiance to
Australia”.1469 Section 10 of the Counter-Terrorism
(Temporary Exclusion Orders) Act (2019) allows the
Minister to make a Temporary Exclusion Order
which may prevent an Australian citizen aged 14
years or older who is overseas from returning to
Australia for up to two years at a time.1470
In June 2022, the High Court of Australia struck
down the power previously held by the Minister
for Home Affairs to strip dual nationals of
Australian citizenship who had ‘repudiated their
allegiance to Australia’ by undertaking suspected
terrorist activities in Alexander v Minister for Home
Affairs (2022).1471 The new Albanese Government
responded to the decision, stating that in order
to “manage the risk posed to Australians by
individuals offshore,” an individual may be
prohibited from “returning to Australia for up
to two years”.1472 According to the High Court’s
judgement, the applicant has previously been the
subject of such an order. While the citizenship
of the applicant in the case was reinstated, the
position of those who were stripped of citizenship
under the relevant provision prior to this
decision remains uncertain. Some powers to strip
In June 2022, the High Court of Australia struck
down the power previously held by the Minister for
Home Affairs to strip dual nationals of Australian
citizenship who had ‘repudiated their allegiance
to Australia’ by undertaking suspected terrorist
activities in Alexander v Minister for Home Affairs
(2022). While the citizenship of the applicant in the
case was reinstated, the position of those who were
stripped of citizenship under the relevant provision
prior to this decision remains uncertain.
REPORT 2024
127
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