2016]
The Prevention and Reduction of Statelessness in Australia
471
that allow for the revocation or renunciation of a person’s citizenship contain
safeguards against rendering someone stateless.82
However, despite these positive aspects of Australia’s legal and policy
framework on citizenship, other elements may render a person stateless (or at
risk of becoming stateless). These are examined below.
A Prevention of Statelessness: Grant of Nationality to Avoid Statelessness
Article 1(1) of the 1961 Convention provides that a contracting state ‘shall
grant its nationality to a person born in its territory who would otherwise be
stateless.’ This may be effected either ‘at birth, by operation of law’,83 or ‘upon
an application being lodged with the appropriate authority, by or on behalf of
the person concerned, in the manner prescribed by the national law.’84
1 Stateless Children Born in Australia
Pursuant to s 12(1) of the Citizenship Act, a person born in Australia is
automatically an Australian citizen:
if and only if:
(a) a parent of the person is an Australian citizen, or a permanent resident,
at the time the person is born; or
(b) the person is ordinarily resident in Australia throughout the period of
10 years beginning on the day the person is born.85
Section 21(8) provides a potential safeguard against statelessness for children
born in Australia to non-citizen or non-resident parents. The provision states:
A person is eligible to become an Australian citizen if the Minister is
satisfied that:
(a) the person was born in Australia; and
(b) the person:
82
Ibid ss 33(7), 34(3)(b), 34A(2). Similar safeguards are also contained in provisions on
cessation: see below Part V(C).
83
1961 Convention art 1(1)(a).
84
Ibid art 1(1)(b).
85
Prior to the passage of the Australian Citizenship Amendment Act 1986 (Cth), Australia
adopted the jus soli doctrine in relation to the automatic acquisition of Australian nationality
by birth in Australia: Peter Prince, ‘We Are Australian ---- The Constitution and Deportation
of Australian-Born Children’ (Research Paper No 3, Parliamentary Library, Parliament of
Australia, 24 November 2003).