14 We note that as of July 2020, Australia has not taken steps to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was recommended by many States in the first and second UPR cycles.31 Overview of Australia’s Legal Framework for Nationality and Statelessness Legal Framework for Nationality 15 Citizenship is not defined under the Australian Constitution,32 nor does Australia have a National Bill of Rights. Furthermore, Australia does not have a procedure within its legislative framework for determining who is a ‘stateless person.’33 16 The Australian Citizenship Act 2007 (Cth) (the Citizenship Act) provides the legal framework for nationality in Australia. Accordingly, citizenship can be obtained by automatic acquisition,34 or application.35 17 Automatic acquisition of citizenship for persons born in Australia is limited to certain criteria stipulated in Section 12(1) of the Citizenship Act:36 17.1 17.2 a parent of the person is an Australian citizen, or a permanent resident, at the time the person was born; or the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.37 Nationality & Statelessness 18 Section 21(8) of the Citizenship Act provides that a person born in Australia who is not, has never been, and is not entitled to acquire citizenship or nationality of a foreign country, is eligible for Australian citizenship.38 19 The intention of the Australian Parliament in including s 21(8) was to ensure Australia’s obligations under the 1961 Convention were met by ensuring that no-one born in Australia remains stateless.39 20 The legislative framework does not, however account for stateless persons who were not born in Australia, or who previously possessed citizenship from any country which has been revoked or otherwise lost. 31 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia (n 13) [86.7] (Thailand), [86.9] (Argentina), [86.10] (Algeria, Bolivia, Turkey, Philippines, Bosnia and Herzegovina); Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia (n 19) [136.36] – [136.49] (Mexico, Algeria, Ghana, Plurinational State of Bolivia, Turkey, Sri Lanka, Egypt, Honduras, Indonesia, Senegal, Sierra Leone, Bahrain, Benin and Chile), [136.237] (Philippines); UN Human Rights Council, Summary prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15(c) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: Australia, UN Doc A/HRC/WG.6/23/AUS/3 (10 August 2015) [27] <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/180/84/PDF/G1518084.pdf?OpenElement>. 32 Australian Constitution. 33 Michelle Foster, Jane McAdam and Davina Wadley, ‘The Protection of Stateless Persons in Australian Law: The Rationale for the Statelessness Determination Procedure’ (Pt 1) (2016) 40(2) Melbourne University Law Review 401, 421. 34 Australian Citizenship Act 2007 (Cth) s 12(1). 35 Ibid s 16. 36 Ibid s 12(1). 37 Ibid. 38 Ibid s 21(8). 39 Foster, McAdam and Wadley, ‘The Prevention and Reduction of Statelessness in Australia: An Ongoing Challenge’ (n 5) 472-73, quoting Revised Explanatory Memorandum, Australian Citizenship Bill 2005 (Cth) 38. 5