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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 19C

Application and eligibility for citizenship

             (1)  A person may make an application to the Minister to become an Australian citizen.

Note:          Section 46 sets out application requirements (which may include the payment of a fee).

Eligibility

             (2)  A person (the applicant ) is eligible to become an Australian citizen if:

                     (a)  the applicant is adopted in a Convention country or a prescribed overseas jurisdiction by:

                              (i)  a person (the adopter ) who is an Australian citizen at time of the adoption; or

                             (ii)  2 persons jointly, only one of whom (the adopter ) is an Australian citizen at the time of the adoption; or

                            (iii)  2 persons jointly, both of whom (the adopters ) are Australian citizens at the time of the adoption; and

                     (b)  an adoption compliance certificate issued in that country is in force for the adoption; and

                     (c)  under the Intercountry Adoption regulations or the Bilateral Arrangements regulations, as applicable, the adoption is recognised and effective for the laws of the Commonwealth and each State and Territory; and

                     (d)  the legal relationship between the applicant and the individuals who were, immediately before the adoption, the applicant's parents has been terminated; and

                     (e)  if subparagraph (a)(i) or (ii) applies and the adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption--the adopter satisfies subsection (3); and

                      (f)  if subparagraph (a)(iii) applies and each adopter is an Australian citizen under Subdivision A or this Subdivision at the time of the adoption--either or both of the adopters satisfy subsection (3); and

                     (g)  if the applicant is aged 18 or over at the time the applicant made the application--the Minister is satisfied that the applicant is of good character at the time of the Minister's decision on the application.

             (3)  An adopter satisfies this subsection if the adopter has been present in Australia (except as an unlawful non-citizen) for a total period of at least 2 years at any time before the applicant made the application.

Definitions

             (4)  In this section:

"adoption compliance certificate " :

                     (a)  for an adoption in accordance with the Hague Convention on Intercountry Adoption--has the same meaning as in the Intercountry Adoption regulations; and

                     (b)  for an adoption in accordance with a bilateral arrangement--has the same meaning as in the Bilateral Arrangements regulations.

"Bilateral Arrangements regulations " means the Family Law (Bilateral Arrangements--Intercountry Adoption) Regulations 1998 .

"Convention country " has the same meaning as in the Intercountry Adoption regulations.

"Intercountry Adoption regulations " means the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 .

"prescribed overseas jurisdiction " has the same meaning as in the Bilateral Arrangements regulations.



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