472 Melbourne University Law Review [Vol 40:456 (i) is not a national of any country; and (ii) is not a citizen of any country; and (c) the person has: (i) never been a national of any country; and (ii) never been a citizen of any country; and (d) the person: (i) is not entitled to acquire the nationality of a foreign country; and (ii) is not entitled to acquire the citizenship of a foreign country. Section 24(3) of the Citizenship Act provides that the ‘Minister must not approve the person becoming an Australian citizen unless the Minister is satisfied of the identity of the person.’86 However, if the applicant is eligible to become an Australian citizen pursuant to ss 21(8) and 24(3), then the Minister cannot refuse citizenship.87 Citizenship begins on the day of approval.88 Prior to the entry into force of the Migration Legislation Amendment Act (No 1) 2008 (Cth), the Minister could refuse approval even if the person was eligible under s 21(8).89 The Federal Court explained that this provision was changed ‘in order that the Act operate consistently with Australia’s obligations under the United Nations Convention on the Reduction of Statelessness 1961’.90 The non-discretionary nature of conferral following satisfaction of the relevant criteria is now consistent with the 1961 Convention’s insistence that, subject to certain limitations, ‘no such application may be rejected.’91 The Revised Explanatory Memorandum to the Australian Citizenship Bill 2005 (Cth) stated that s 21(8) was intended to ensure ‘that Australia adheres to its obligations under the Convention on the Reduction of Statelessness that 86 Requiring the Minister’s satisfaction is not in itself a breach of the 1961 Convention, as art 1(1) provides that ‘[a] Contracting State which provides for the grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law.’ 87 Citizenship Act s 24(2). 88 Ibid s 28(2). 89 Migration Legislation Amendment Act (No 1) 2008 (Cth) sch 5 item 12, amending Citizenship Act s 24(2). 90 Shams v Minister for Immigration and Citizenship (2011) 199 FCR 423, 427 [27] (Jacobson J). 91 1961 Convention art 1(1)(b). However, there is an ability for a contracting state to impose certain conditions: at art 1(2).