2016] The Prevention and Reduction of Statelessness in Australia 479 refugee and humanitarian entrants may choose not to attempt the test at all because they have not yet attained a sufficient level of English.’128 Since stateless persons typically face barriers in accessing education, stateless Protection Visa holders are likely to be disproportionally affected by the Australian Citizenship Test requirement. In addition to these barriers, the Refugee Council of Australia has also observed considerable delays in the processing of Permanent Protection Visa holders’ citizenship applications.129 3 Children Born Outside Australia to an Australian Citizen Australian citizenship law does not prevent children born to Australian citizens overseas from becoming stateless. Pursuant to s 16(2) of the Citizenship Act, a child born overseas to an Australian citizen is not automatically an Australian citizen by operation of law, and must instead apply for Australian citizenship. Such an application must be refused if the Minister is not satisfied as to the person’s identity,130 if the person has been ‘convicted of a national security offence’,131 or ‘[i]f the person has at any time ceased to be an Australian citizen … during the period of 12 months starting on the day on which the person ceased, or last ceased, to be an Australian citizen.’132 Accordingly, this provision has the effect that if a person born overseas to an Australian citizen does not apply for Australian citizenship, and does not acquire an alternative nationality, then he or she could be at risk of becoming stateless if any of the conditions above are satisfied. One context in which this may be a live issue is surrogacy involving Australian citizens who engage the services of surrogate parents overseas. Because commercial surrogacy is not legal in any Australian state or territory,133 some Australian citizens have sought the option of offshore commercial surrogacy. 128 Ibid. 129 Refugee Council of Australia, Delays in Citizenship Applications for Permanent Refugee Visa Holders (2015) 3. See, eg, BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 (16 December 2016). 130 Citizenship Act s 17(3). 131 Ibid s 17(4A). ‘[N]ational security offence’ is defined in s 3. Thus, although suspected past criminal acts (that would satisfy the exclusion under art 33(2) of the Refugee Convention) do not automatically preclude a grant of citizenship if the person is of ‘good character at the time of the Minister’s decision’ (ibid s 16(2)(c)), citizenship must be denied if the person (even if stateless) has been convicted of a national security offence. 132 Citizenship Act s 17(5). 133 House of Representatives Standing Committee on Social Policy and Legal Affairs, Parliament of Australia, Surrogacy Matters: Inquiry into the Regulatory and Legislative Aspects of International and Domestic Surrogacy Arrangements (2016) v.