2019 Statelessness & Citizenship Review 1(1) the applicant, however, satisfied s 21(8) on the ground that she was born in Australia and would otherwise be stateless. 5 The decision is important because of the distinction drawn between ‘legal entitlement’ to a foreign nationality or citizenship, 6 and the practical entitlement to such status. In other words, in what circumstances can it be said that although a person might have an entitlement to foreign citizenship as a matter of law, the realities of how the foreign power treats applicants may be so obstructive as to make the right nugatory in fact? II FACTS The applicant’s father arrived in Australia in 2003 on a student visa. Her mother and brothers followed on a tourist visa in 2004. The applicant was born in Geelong, Victoria, in 2006 and was issued with an Australian birth certificate, 7 but as her parents were neither Australian citizens nor permanent residents, she was ineligible for Australian citizenship. 8 The applicant’s parents did not register the applicant’s birth with the Zimbabwean consulate in Australia. 9 That registration would have allowed the applicant to acquire Zimbabwean citizenship by descent. 10 The parents claimed their Zimbabwean passports were stolen and, without documentation, they thought the birth could not be registered. 11 Furthermore, they were reluctant to bring the family’s situation to the attention of the Zimbabwean authorities as they had applied for refugee status in Australia. 12 Later they were compelled to leave Australia due to the poor health of the applicant’s maternal grandfather, 13 and withdrew that refugee application. 14 After their return to Zimbabwe, the applicant’s mother attended the Central Registry (the government office responsible for the issue of identity documents) on six occasions in an attempt to register the applicant’s birth. 15 She was told there was no way to do so except at the Canberra consulate. 16 After advising to meet directly with the Registrar-General, which never eventuated, a staffer ultimately informed the applicant’s family that there was no basis on which the applicant 5 6 7 8 9 10 11 12 13 14 15 16 Re DLSV (n 2) [2]–[3]. Australian Citizenship Act 2007 (Cth) s 21(8) provides: 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: (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. Re DLSV (n 2) [48] (emphasis in original). ibid [6]. Re DLSV (n 2) [7]–[8]. See Australian Citizenship Act 2007 (Cth) s 12. Re DLSV (n 2) [9]. ibid. ibid [9], [15]. ibid [10]. ibid [16]. ibid [17]. ibid [18]. ibid [19]. 178