Background Note
Australian citizenship: a chronology of major developments in policy and law
Online only 11 September 2009
Michael
Klapdor, Moira Coombs and Catherine Bohm
Social Policy and Law and Bills Digest
Sections
Contents
Introduction
Australian citizenship was created through the Nationality
and Citizenship Act 1948, and came into effect 26 January 1949, soon after
the post-war mass migration program was launched (in 1945).[1] Prior to 1949, Australians could only hold the status of British subjects. The
development of Australian citizenship has been intertwined with immigration
since Federation. This relationship has developed formally through government
administrative structures and has been demonstrated in the way that changes to
citizenship law have reflected changes in immigration policies. The success of
the migration program has been consistently linked to citizenship outcomes for
migrants.
The original intention of Australia’s migration program was
that the country’s population would be increased approximately one per cent per
year through natural increase, and one per cent through migration.[2] By 1949, net overseas migration was 153 648. The nation-building effect of
managed migration has been significant: since 1945, over 6.5 million people
have migrated to Australia, and since 1949 over 4 million people have acquired
Australian citizenship. The population has grown from around 7 million in 1945
to almost 22 million in 2009. Migration continues to shape the nation: the
planning target for the permanent migration program in 2009–10 is set at
168 700 places, with a further 13 750 places for humanitarian
entrants.
Australia’s citizenship legislation has been amended over 30
times, as immigration policies, immigrant source countries, settlement
philosophies and notions of national identity have changed. It has been amended
many times to remove anomalies and discrimination, and it has been amended many
times to make citizenship easier to acquire, reflecting the goal of successive
governments to encourage settlers to take out citizenship quickly. However, changes
to the citizenship legislation in 2007, which increased the residence
requirement from two to four years, and saw the introduction of a citizenship
test, represent a departure, and possibly an end to this trend.
In practical terms, citizenship has little effect on the
material situation of migrants in Australia. As permanent residents, they have
access to the welfare support, Medicare and public education available to the
general population. Many also have access to special settlement services to
assist them to participate in mainstream life as soon as possible. The instrumental
advantages of citizenship for migrants are security from deportation, an
Australian passport and eligibility for permanent government employment
(including in the armed services). The requirements Australian citizenship
imposes, mainly to enrol to vote and to vote, and possibly do jury service, are
not onerous and would be considered by many to be advantageous aspects of
citizenship. In symbolic terms, citizenship has great value for the Australian
population at large, in that it formally establishes membership in the national
community.
In adopting more rigorous citizenship processes, Australia
is following a trend set by the immigrant-receiving countries of Western Europe.
Indeed, the Australian citizenship test is directly modelled on that of the United
Kingdom. Following migrant settlement difficulties, unemployment and ensuing
social unrest, there has been a retreat in a number of these countries from
public policies of multiculturalism, in favour of a stronger focus on citizenship
and on the integration of migrant populations. Renewed concerns about
integration and social cohesion have also extended to other traditional
immigrant countries, including the USA and Canada. At a time of significant
people movements, Western governments seem concerned to signpost expectations
that migrants should embrace the rights and responsibilities of liberal
democracies.
The residence requirement introduced in October 2007 doubled
the time during which non-citizen residents can be deported. The test introduced
at the same time requires applicants to demonstrate an understanding of English
and to answer questions about Australia’s history, culture and values.
Critics have argued that Australia is turning the clock back
to a more exclusive era, and that the recent changes are counterproductive.
They maintain that the more inclusive, welcoming notion of citizenship (and
multiculturalism) that had developed in earlier decades was more conducive to
effective settlement and social cohesion.[3] Supporters argue that it is appropriate to require would-be citizens to
demonstrate a capacity and willingness to integrate. They argue that easy
access devalues citizenship and could erode public confidence in Australia’s
large and non-discriminatory migration program.[4]
This Background Note comprises two discrete sections and an
appendix. The first section places the key developments in citizenship law
within the context of changes to Australia’s immigration policies. The second
section provides a chronology of the major steps in the evolution of Australian
citizenship law. The appendix provides links to information on citizenship
internationally.
The Background Note focuses on citizenship within the
context of Commonwealth legislation and does not attempt an analysis of the
meaning of Australian citizenship or different theories of citizenship. Its focus
is also limited to the relationship between changes to citizenship law and
changes in immigration policy in an attempt to clarify this relationship. It
does not include other important developments in relation to citizenship in
Australia, in particular, the granting of the same entitlements to Aboriginal
and Torres Strait Islander peoples as were granted to other Australian
citizens.
There was widespread public support for the adoption of a
national immigration policy and administration upon Federation. Immigration was
at the time administered separately by the states. All of the major parties
involved in the new Federal Parliament held policies deliberately aimed at the
exclusion of non-European migrants. The Immigration Restriction Act 1901,
which introduced a ‘dictation test’ for those seeking to immigrate that could
be given in any European language, was the beginning of what became known as
the ‘White Australia Policy’. This policy remained virtually unchanged until
after the Second World War.
The Naturalisation Act 1903 introduced the conditions
by which ‘aliens’ could be granted naturalisation by the Commonwealth and attain
the rights and privileges of British subjects. This Act also precluded persons
from Asia, Africa or the Pacific Islands from applying for naturalisation.
In the early years of the century, the number of those
leaving Australia exceeded those arriving. This trend gradually reversed upwards
until the First World War when immigration came to a halt.[5]
The Federal Government amended the Naturalisation Act
1903 during the War so that applicants for naturalisation would have to
advertise their intent, renounce their own nationality and prove they could
read and write in English. The Nationality Act 1920 introduced a
definition of ‘natural born’ British subject and residence requirements for
naturalisation. The nationality of most of those who may have considered
themselves ‘Australians’ was solely that of British subject until 1949.
The Federal Government took on the responsibility of
selecting migrants in 1920 and took over all of the migration operations in the
United Kingdom the following year. Most migrants arriving from England were
assisted under the Empire Settlement Act 1922 and the ‘£34 million
agreement’.[6] Costs were equally shared between Britain and Australia.
The economic depression of the early 1930s saw a downturn in
migrants coming to Australia and assisted arrivals came to a virtual halt in
the following years. The Second World War virtually halted immigration although
large numbers of refugees began to arrive in Australia.[7]
The years prior to the introduction
of the Nationality and Citizenship Act 1948 saw the launch of
Australia’s national immigration program. There was bi-partisan support for the
expansion of immigration in order to meet the workforce needs of a growing
economy and to combat the declining birth-rate. A vast increase in the
population was seen as key to developing a defensive capability following the
demonstration of Australia’s military vulnerability during the Second World War,
and to strengthening a workforce severely affected by the war. A popular
slogan, revived at the time by the first Minister of Immigration, Arthur
Calwell, was ‘populate or perish’.[8]
The Commonwealth’s Immigration Department was established in
1945 charged with administering the ambitious program designed by Calwell. A
key priority was not only attracting migrants but those that were considered ‘desirable’.
Calwell stated at the time that he hoped ‘that for every foreign migrant there
will be ten from the United Kingdom’.[9] In order to accomplish this, a free passage scheme was initiated in 1947 for
British ex-service personnel and their families as well as assisted passage
schemes for all other British civilians. The schemes began successfully with 118 000
assisted arrivals in 1949, four times the number of assisted arrivals in the
previous year. Assisted passage schemes were to be established with a number of
European countries in following years including the Netherlands and Italy. The
number of aliens admitted into the country began to exceed the number of
British migrants.[10]
There were strong concerns expressed in the community about
the use of immigration to increase the Australian population. Groups such as
the Returned Services League warned at the time of, ‘the danger of Australia
being swamped by peoples of alien thought and dubious loyalty’.[11] Partly in response to such concerns, the Aliens Act 1947 was introduced
requiring aliens to report personal details and any changes to the Immigration
Department. The only significant concession given to migrants from non-European
countries was a change to the law in 1947 so that those who had been admitted
to the country for business reasons would not have to periodically reapply for
residency if they had remained in the country for 15 years previously.
In February 1947, a conference was held in London to discuss
conflicts between the nationality laws of the members of the British
Commonwealth. The conference recommended that each member of the Commonwealth
should define who were or could become its citizens and then declare its
citizens and those of all other Commonwealth countries to be British subjects.
These principles were based on the Canadian Citizenship Act 1946 which
was the first law passed in any Commonwealth country to create citizenship
separate from that of British subject.[12]
The Nationality and Citizenship Act 1948 created an
Australian citizenship and the conditions by which it could be acquired. An
Australian citizen was also considered a British subject. The Act introduced an
oath of allegiance taken as part of a ceremony for new citizens. In introducing
the Nationality and Citizenship Bill 1948 to the Parliament, Calwell described
its intended effect:
It will symbolise not only our own pride in Australia, but
also our willingness to offer a share in our future to the new Australians we
are seeking in such vast numbers. These people are sure of a warm welcome to
our shores. They will no longer need to strive towards an intangible goal, but
can aspire to the honour of Australian citizenship … My aim, and that of the
Government, is to make the word, ‘Australian’ mean all that it truly stands for
to every member of our community. We shall try to teach the children that they
are fortunate to be British, and even more fortunate to be Australian.[13]
The first citizenship ceremony was held at the Albert Hall
in Canberra in 1949.
With the Department of Immigration responsible for both
immigration and citizenship, measurement of the two programs’ achievements
became intertwined. Then Secretary of the department, T.H.E. Hayes, stated in
1952 that ‘a high rate of naturalisation would be evidence of the success of
our immigration policies’.[14] He engaged the department in a process of monitoring the take-up of citizenship
by migrants. However, prior to changes in 1955, the number of migrants making
applications was very low: before 1952, less than half of all migrants had
declared an intention to naturalise and of those who had, 75 per cent had not
actually done so.[15]
Immigration levels in the early 1950s were dramatically
reduced. Labour shortages in Europe and economic problems in Australia saw a reduction in targets from those of the immediate post-war period. The
number of those given assisted passage as part of the immigration program was
reduced from 89 000 in 1950–51 to 38 500 in 1953–54. Refugee numbers
also declined dramatically in this period, from 75 486 in 1949 to only 446
in 1953–54.[16]
The top five source countries for settler arrivals during
the period 1949–59 were the United Kingdom and Ireland, Italy, Germany, the
Netherlands and Greece.[17] To assist with the task of integrating new migrants, the Department of
Immigration began the Good Neighbour Movement, launched in 1950 at the first
Australian Citizenship Conference. The Movement was a national network formed
to coordinate the activities of community groups and volunteers assisting
migrants to settle in Australia.
In 1954, the General Assisted Passage Scheme was introduced
to give assistance to migrants from the USA, Switzerland, Denmark, Norway,
Sweden and Finland in order to bring in more migrants from European countries.
However, concerns with the immigration program and the low numbers of those
becoming Australian citizens persisted with articles in the press in 1955
alleging that migrants would not ‘have any truck with the Australian way of
life’ and ‘did their utmost to bind their children with old national ties’.[18]
The Nationality and Citizenship Act 1955 removed many
of the difficulties faced by those attempting to obtain citizenship:
Declarations of Intention to apply for citizenship no longer had to be made two
years before the application and applications could be made six months prior to
the end of the five-year residency qualifying period. Other changes included
removing the requirement for intending applicants to advertise their intentions
in the newspaper. These changes brought a significant rise in the number of
those becoming Australian citizens with the number of naturalisations jumping
from 4770 in 1954 to 49 087 in 1959. However, despite the 1955 changes,
more than half of those who would have qualified did not apply for citizenship
with one of the most cited reasons being the English used in the official documents.[19]
The Revised Migration Act 1958 introduced a simpler
system of entry permits and abolished the Dictation Test which had been a
barrier for many non-Europeans attempting to migrate to Australia.
The early sixties saw a renewed push behind Australia’s
immigration program by the Menzies Government. This period also saw a surge in
the numbers of those attaining citizenship following the introduction of a new
and simplified application form in 1961: 53 211 people became citizens in
1962 which was an increase of more than 10 000 people on the previous
year.[20] However, this number was to decline dramatically in the ensuing decade.
The Vietnam War and the introduction of a requirement for
all British subjects and Australian citizens to register for conscription in
1964 became a strong disincentive for potential citizens to naturalise. However,
non-British subjects who were permanent residents could also be called up for
national service and be liable for overseas service. The Nationality and
Citizenship Act No. 11 1967 allowed those who were called up to be eligible
for citizenship after three months service. However, a Department of
Immigration survey in 1965 found that most migrants simply saw no real
advantage in taking up citizenship.[21] Senator Kenneth Anderson explained in parliament other possible reasons for
migrants not applying for citizenship:
A number of migrants indicated that their parents and speech
brand them indelibly as migrants and that, irrespective of whether they became
naturalised, they would still continue to be regarded as migrants.[22]
Immigration levels continued to rise through the decade
boosted by the introduction of the Special Passage and Assistance Program in
1966 which allowed European guest workers, who had finished their contracts in
Europe, to migrate to Australia. In its first year, 11 000 migrants
arrived as part of the program making it the second largest after the assisted
passage program for British nationals.[23]
A review of the policy regarding non-European migrants in
1966 sought to increase numbers:
The number of people – though limited relative to our total
population – will be somewhat greater than previously, but will be controlled
by the careful assessment of the individuals’ qualifications, and the basic aim
of preserving a homogenous population will be maintained.[24]
The changed policy saw the immigration program reach a peak
of 185 000 people in 1969. In contrast, the number of those granted
citizenship fell to 26 845 in 1969–70.[25] The Citizenship Act 1969 sought to make it easier for non-British
migrants to become citizens by reducing the residency requirement for aliens to
two years if they could read, write, speak and understand English proficiently.
The same Act sought to raise the importance of the term ‘Australian citizen’
and changed the status of citizens from being British subjects to being Australian
citizens with the status of a British subject.
The main source countries for settler arrivals changed
slightly over the period 1959–70 with the United Kingdom and Ireland Italy,
Greece, Yugoslavia and Germany in the top five. Over forty-five percent of arrivals
were from the United Kingdom and Ireland, increasing from around a third to
almost a half of all settler arrivals in this decade.[26]
In 1972, the Labor Party led by Gough Whitlam won Government
following 23 years in Opposition. The Labor Party’s election platform called
for a non-racially based immigration policy and ratification of the International
Convention for the Elimination of All Forms of Racial Discrimination. A
declining economic situation led to the target of the planned migration program
being lowered in 1971–72 to 140 000. It was further decreased in 1972–73
to 110 000 and to 80 000 in 1974–75. Priority for admission went to immediate
family and workers in occupations for which there remained a demand. In
1973–74, 112 712 settlers arrived.[27]
Then Immigration Minister, Al Grassby, spoke in 1973 of the
‘family of a nation’ in order to describe his Government’s aim of achieving a
multicultural Australia through changes to the citizenship legislation, renamed
in that year as the Australian Citizenship Act 1948.[28] The same requirements relating to residence, good character, language ability,
rights and duties of citizenship and the intention to live in Australia
permanently were applied equally to everyone with the oath or affirmation to be
taken by all. The amendments did not receive bipartisan support however, with
the former minister of immigration, A.J. Forbes declaring:
… What is wrong with treating people who are differently
placed? What is wrong with discrimination when there are valid overwhelming
reasons to discriminate? People from Britain historically have been treated
differently because they integrate more quickly into the Australian community
than any other national group.[29]
There were a number of developments under the Whitlam
Government aimed at assisting in the settling and integration of migrants such
as the establishment of the Settlement Services Branch of the Department of Immigration
in 1973 and the Telephone Interpreter Service in 1974. There was a significant
jump in the number of people becoming citizens in this period with a record
125 151 grants of naturalisation in 1975–76. However, immigration numbers
declined dramatically with an intake of 52 748 in 1975–76, the lowest
since the Second World War. Net overseas migration in 1975 was only
13 515. The source countries of settler arrivals in the 1970s altered
markedly from the previous decade with the largest proportion coming from the
United Kingdom and Ireland (although the number declined to around a third of
all arrivals) followed by Yugoslavia, New Zealand, Lebanon and Greece.[30]
The Fraser Coalition Government sought to increase the
number of immigrants and set the target at 70 000 in 1976.[31] An amnesty was also offered to those who had overstayed their visas and become
prohibited immigrants. In the same year, the first small boats carrying
refugees from Vietnam began arriving on Australian shores.
The Australian Population and Immigration Council released a
Green Paper in 1977 outlining three different levels of immigration as options
for Australia.[32] Responses were sought from the community and the then minister reported that
most supported moderate to high levels of immigration to fuel population
growth.[33] The following year, the Government introduced new policies which included three
year reviews of immigration targets, an annual net migrant intake of
70 000 and an emphasis on a non-discriminatory approach to the program. A
policy focus on developing migrant entry criteria on the basis of benefit to
the Australian community and on integration into Australian society saw the
introduction of the first number -based migrant selection system, the Numerical
Multi-Factor Assessment Scheme (NUMAS) in 1979.[34]
Following the recommendations of the 1978 Galbally review of
services and programs for new migrants, the Government cut funding to the Good
Neigbour Movement leaving the task of assisting new migrants to the Department
of Immigration and local community groups.[35]
Immigration in the 1980s was dominated by a focus on the
program’s economic importance and effects, partly in response to the opening up
of Australian business to international competition. There was an increasing
focus on immigrants with particular skills or those who aimed to establish businesses.
This period also saw a rise in expressed concern over the number of immigrants
arriving from Asian countries and with the idea of multiculturalism as it
related to Australia’s immigration and settlement policies.
The Regularisation of Status Program in 1980 encouraged
those without permanent-resident status to apply for it and enabled those who
had previously been refused to re-apply. New visa categories were introduced in
1981 including ‘Labour Shortage and Business Migration’ as well as ‘Independent
Migration’ favouring those with needed skills and those with family already in
Australia.[36] Assisted passages for migrants, with the exception of refugees, ended in 1982.
The new Labor Government in 1983 retained the main immigration
policies of the previous Government in regards to regular review of the target
intake and a non-discriminatory approach. Citing economic difficulties, the new
Government maintained the target migrant intake at around 80–90 000. Settler
arrivals in 1982–83 totalled 93 177. However, due to a significant number
of departures, net overseas migration reached the lowest level of the 1980s at
54 995 in 1983.[37]
The Australian Citizenship Amendment Act 1984 was aimed
at removing discriminatory aspects of the Act in relation to sex, marital
status and nationality. The English language requirement was changed from
‘adequate’ to basic and applicants over 50 were exempted from the English
language requirement. Of particular importance, the definition of the status of
British subject was repealed in order for the Act to reflect the national
identity of all Australians. The following year saw a rise in the number of new
citizens with 114 914 grants of naturalisation in 1985–86, an increase of
20 000 on the 1984–85 period.
There was heated debate over the number of immigrants from
Asian countries in both the media and in Parliament. The 1980s saw a dramatic
decline in the number of those arriving from the United Kingdom, falling to 20
per cent of settler arrivals, whilst Vietnam, the Philippines and Malaysia
became the first Asian nations to be included in the list of the top five
source countries for settler arrivals.[38] For the first time, the total number of settlers from Asia overtook the total
number from the United Kingdom.
Amid calls to increase the percentage of immigrants from
European countries the Prime Minister Bob Hawke made a defence of the
immigration policy of the time:
I do not believe that one can honestly say that there is an
immutably right figure for any migrant group within the overall intake. Rather
the approach of the Labor Government reflects the application of economic
criteria in determining the total intake and of economic and humanitarian
factors in breaking down this total among different categories of migrants.
This Government does not consider that a balance or mix in our migration
program determined on racial grounds can have any place in our society.[39]
A major economic study released in 1985, The Economic
Effects of Immigration on Australia, highlighted many of the positive
effects of immigration on the Australian economy.[40] A 1985 Immigration Department survey indicated that, on average, 14 jobs had
been generated by each migrant to the country and large sums of money were
being generated by migrants’ businesses.[41] The planned intake for 1986–87 was increased to 115 000 with the aim of
maintaining Australia’s economic development by bringing in more skilled
workers. There were also concerns with the ageing of the population as well as
with low fertility rates.
Amendments to the Australian Citizenship Act 1948 in
1986 meant that not all children born in Australia would automatically have
citizenship conferred upon them. The requirement for new citizens to renounce
other allegiances was also deleted. This renunciation was never legally
enforceable and, as some countries do not allow their citizens to divest
themselves of their citizenship through renunciation, some migrants could
become dual-Australian citizens. Removing the renunciation requirement
formalised the toleration of migrants in this situation (but still did not
allow Australians migrating overseas to become dual citizens).
The latter part of the decade saw a large increase in the
migrant intake, seen as essential for economic development. One change saw some
migrants granted three-year resident return visas which were intended to allow
those with businesses to gradually transfer their operations to Australia.[42] Net overseas migration reached 172 794 in 1988, the highest point in the twentieth
century.[43]
In 1988, a committee headed by Dr Stephen FitzGerald
released an influential report Immigration: A Commitment to Australia which found that there were major problems with migrant selection mechanisms,
widespread community mistrust of the immigration program and that citizenship
was undervalued. The report examined key issues relating to immigration in Australia, particularly public perceptions of the program, non-European migration and the
notion of multiculturalism. It made recommendations regarding the size and
scale of the program but also on how best to educate the Australian public on
the aims and benefits of immigration. It also recommended that Australia’s economic and social interests be examined in the course of developing
immigration policy, that social harmony be a key consideration and that the
non-discriminatory nature of the policy in terms of individuals’ ethnic
background, sex and religion be emphasised. The issue of multiculturalism was
approached as a problem:
Perhaps part of the problem is the word itself. Perhaps too
much is expected of the concept. It appears it cannot accommodate the many
definitions which are forced upon it by exponents and opponents… Just as Australia is a democracy but it has its own identity, so also is it multicultural, but
nonetheless identifiably Australian. It is the Australian identity that matters
most in Australia. And if the Government will affirm that strongly,
multiculturalism might seem less divisive or threatening.[44]
The debate over the merits of multiculturalism and its
usefulness as a concept in guiding immigration and settlement policy was to
continue over the following two decades.
The year 1989 was declared the Year of Citizenship by the
then Prime Minister and a letter was sent to every household in the country
encouraging those eligible, to apply for citizenship. An advertising campaign
was launched as well as a telephone hotline. The publicity saw 130 312
people granted citizenship in 1989–90, the most in any year in the twentieth
century.[45]
The same year saw the Migration Amendment Act 1989 receive Royal Assent. This Act established a statutory entitlement to a
particular visa or permit based on the satisfaction of selection criteria. It
also provided for a statutory two-tier merits review system of migration
decisions. The points selection system was introduced for a number of migration
categories under new regulations which gave greater weight to different
criteria.
The Senate Standing Committee on Employment Education and
Training released two reports focusing on the idea of ‘active’ citizenship in
1989 and 1991.[46] These reports outlined concern with the lack of political knowledge and civics
education amongst the Australian population.
The early 1990s saw the onset of recession and a reduction
in migration targets from the high rates of previous years. The number of
occupations which were considered to be on the priority list was reduced from
eleven to four. The target in 1992–93 was reduced to 80 000, down from
111 000 in the previous year.[47] The focus on immigration was narrowed to specific aims such as certain labour
shortages rather than a rapid increase in population. There were increasing
concerns over the number of boats carrying asylum seekers arriving on the
shores of Australia. Net overseas migration fell to 34 822 in 1993, one of the
lowest figures since the Second World War.[48]
The Migration Reform Act passed in 1992 codified the
immigration program into law through the introduction of a universal visa
system. It also expanded the review process relating to migration decisions. The
intention of the legislation was to ‘regulate, in the national interest, the
entry and presence in Australia of persons who are not Australian citizens’, to
have all non-citizens enter the country via one visa system, and to set out an
effective means of ‘regulating entry, detention and removal of people who do
not establish an entitlement to be in Australia’.[49]
In November 1993, in what became referred to as the ‘1
November’ decision, permanent residence status was provided to a large number
of people who were temporarily residing in Australia and those applying for
refugee status.[50] This decision was mainly aimed at Chinese nationals who had been in Australia
on temporary entry permits, many of whom had come following the 1989 Tiananmen
Square massacre, as well those from war-torn Sri Lanka and the former
Yugoslavia.
The idea of Australian citizenship came under renewed
scrutiny following the publication of the report, Australians All –
Enhancing Australia Citizenship, in 1994. This report, from the Joint
Standing Committee on Migration, recommended the widespread promotion of citizenship
coordinated by the Commonwealth:
Such promotion should serve the dual purpose of encouraging
non-citizens to become Australian citizens and increasing awareness among all
Australians about the meaning and value of Australian citizenship.[51]
In response to this report, then Minister for Immigration,
Senator Nick Bolkus, outlined plans to rewrite the Australian Citizenship
Act 1948 to make it clearer and more relevant as well to increase the
promotional activities encouraging migrants to become citizens.[52] A Senate committee discussion paper in 1996 also examined the idea of
citizenship as an activity rather than a legal status, one that constitutes the
national identity.[53] The growing push towards a republic during the early part of this decade also
brought the idea of citizenship to the fore in public debate.
This period saw a greater focus on business migration with an
increase from 500 places to 2100 and other initiatives to raise the number of
those migrating for business. During the period from 1990–2000, the number of
settlers from the United Kingdom fell to 13.3 per cent of the total whilst
those from New Zealand increased to 12.5 per cent. There was an equivalent
number arriving from Asian countries with those from Hong Kong and China together
making up 11.9 per cent and Vietnam 5.7 per cent of the total number of
settlers.[54]
The election of the Coalition Government in 1996 saw overall
migration numbers remain at similar levels to previous years but an increase in
the percentage of skilled migrants from 29 per cent in 1995–96 to 38 per cent
in 1996–97. Family reunion declined as a percentage of the immigration program
from close to 69 per cent in 1995–96 down to approximately 47 per cent in
1996–97.[55] The family stream was to continue to decline as a percentage of the program
over the following decade.
Temporary work movements into Australia have grown rapidly
since the 1990s. The increase in temporary migrants coming to Australia is part
of a significant shift in migration policy as these migrants are not
points-tested in the same way as other skilled migrants, there are no numerical
limits and a considerable number have sought to remain in the country as
permanent residents. The new Coalition Government abolished the labour-market
testing requirement for temporary skilled workers and introduced the ‘457’ long
term temporary business (employer sponsored) visas in 1996.
The Coalition Government also made a number of immediate
changes to migration services following the 1996 election. These included the
extension on the six month waiting period for access to welfare benefits,
except Medicare, for all non-humanitarian arrivals (introduced by the Keating
Government) to two years as well as the abolition of the Office of
Multicultural Affairs and the Bureau of Immigration, Multicultural and
Population Research in 1996.
In 1998, the Australian Citizenship Council, chaired by Sir
Ninian Stephen, was established to advise the Government on citizenship
matters.
The arrival of a number of boats carrying asylum seekers in
the latter period of the decade saw most public and government attention drawn
to the issue of unauthorised arrivals and to Australia’s system of mandatory
detention. In 1999, the Howard Government introduced a system of temporary
protection visas (TPVs) for those unauthorised arrivals granted asylum in
Australia as part of a larger effort to dissuade further boat arrivals. The
visas were granted for periods of up to three years at the end of which holders
could apply for permanent protection or were obliged to return home.
Net overseas migration declined sharply from 97 444 in
1996 to 72 365 in 1997 but began to rise steadily in the following years. The
latter part of the decade also saw a drop in the number of those becoming
citizens with only 70 836 grants of naturalisation in 1999–2000, down from
128 554 in 1992–93.[56]
Immigration policy in the early part of the decade was
focussed primarily on the issue of unauthorised boat arrivals. A number of
incidents focussed Australian and world attention on border protection
policies including the MV Tampa’s rescue of a boatload of asylum seekers in the
weeks before the 2001 federal election and the refusal of the Government to
allow them to disembark on Christmas Island; the passing of legislation to
exclude a number of external territories from the Migration Zone in 2001; the
establishment of detention centres for unauthorised arrivals on Nauru and Manus
Island, known as the ‘Pacific Solution’; and, in October of that year, the
sinking of the boat, later known as SIEV-X, where 353 people drowned. The
number of unauthorised arrivals was to decline dramatically in the months
following this tragedy and boats carrying asylum seekers arriving on the
Australian shore were to become a rarer occurrence. However, the treatment of
those placed in mandatory detention came under increased criticism from a
number of churches, community groups as well as human rights agencies.
In 2000, the Australian Citizenship Council released its
report, Australian Citizenship for a New Century which examined both the
concept of citizenship and recommended changes to modernise citizenship law.[57] One of the key recommendations of this report was for Section 17 of the Australian
Citizenship Act 1948 to be repealed so that Australians would not lose
their citizenship upon the acquisition of another country’s citizenship. This
had been a contentious aspect of the law for many years and the subject of much
lobbying, particularly from the expatriate community.[58] As part of its response to this report, the Government made major amendments to
the Citizenship Act in 2002 including the introduction of dual nationality for
Australian citizens and the extension of citizenship by descent provisions for
children born overseas to an Australian citizen so that they were able to register
as an Australian up until the age of 25.
Debate over multiculturalism came to the fore in the middle
of the decade, particularly in regard to Muslim Australians and the proposed introduction
of a more rigorous citizenship test. The September 11 terrorist attacks in the
United States, bombings in Bali, high profile rape cases in Sydney involving
men from families of Lebanese background and racially motivated riots in
Cronulla in 2005 became focal points for public debate over assimilation,
immigration, racism and a perceived conflict between Islam and ‘mainstream’
Australian values. A number of senior political figures, including the then Prime
Minister, John Howard, repeatedly raised as an issue the failure of small
sections of the Islamic community in Australia to integrate and to learn
English.[59] The threat of terrorism in Australia was also cited by the then Prime Minister in
proposing an increase in the residency requirement for citizenship.[60]
In 2006, the Department of Immigration and Multicultural
Affairs released a discussion paper on the merits of introducing a citizenship
test, Australian citizenship: much more than a ceremony. In his foreword
to the discussion paper, then Parliamentary Secretary to the Minister for
Immigration and Multicultural Affairs, Andrew Robb, stated that Australia has
‘successfully combined people into one family with one overriding culture,
based on a set of common values’ and that it was critical that new immigrants
‘understand the Australian way of life and our shared values and demonstrate a
commitment to contributing to that way of life and accepting those values’.[61] The discussion paper examined citizenship testing arrangement overseas,
particularly the ‘Life in the UK’ test which had been introduced in Britain in
2005. It described the merits of a test as encouraging integration, promoting
the value of citizenship and ensuring applicants had appropriate English
language skills. In January 2007, the Department of Immigration and
Multicultural Affairs was renamed the Department of Immigration and
Citizenship.
The Australian Citizenship Act 2007 significantly restructured
the 1948 Act. It introduced a number of measures relating to national security
as well as the extension of the residency requirement to four years including a
12 month period of permanent residence before making the application. The Australian
Citizenship Amendment (Citizenship Testing) Act 2007 introduced the new
test requirements for citizenship applicants. The test consists of 20 multiple
choice questions drawn from a larger pool of questions and based upon
information on Australian history, culture and values contained in a resource
booklet. A person’s English language skill is assessed by their ability to pass
the test in English. The stated aim of the test was that it ‘would encourage
prospective citizens to obtain the knowledge they need to support successful
integration into Australian society’.[62]
In 2006–07, 169 123 people were approved to become
Australian citizens by grant, descent and resumption—the highest annual number
since Australian citizenship was introduced in 1949.[63] Reasons for this particularly high number are likely to have included the new
residency requirements which were due to come into effect in July 2007 and the
more rigorous citizenship test, which began in October 2007.
In 2007, the permanent migration program target was set at
158 000, the highest level for 20 years. Net overseas migration for 2007,
at 184 438 was the highest on record.[64] The main source countries for settlers in Australia in 2007–08 were the UK (15
per cent), New Zealand (13.4 per cent), India (11 per cent), China (10.3 per
cent) and South Africa (3.8 per cent).[65]
This is the first decade since 1949 that South Africa has appeared in the top
five source countries for permanent settlers.[66]
In November 2007, the Rudd Labor Government was elected with
a commitment to end the ‘Pacific Solution’ and the temporary protection visa
regime, providing all holders of these visas with permanent protection visas.
The 2008–09 permanent migration program’s target was set at the record level of
190 000 with an intense focus on skilled migration.[67] The current economic downturn associated with the impact of the Global Economic
Crisis has seen this target reduced to 168 700 for 2009–10.[68] The Rudd Government has also made a commitment to change the Australian
Citizenship Test following a review in 2008 entitled, Moving forward…Improving Pathways to
Citizenship.[69] The review found that the test was ‘flawed, intimidating to some and
discriminatory’ and that the resource booklet needed to rewritten in basic
English to fit with the legislative requirements of the test.[70] The Minister announced that the resource book for the test will be rewritten,
that the pass mark would be raised and that questions would focus on knowledge
relevant to the Pledge of Commitment rather than on broader general
knowledge of Australian history and culture.[71] A new citizenship course will be developed and those suffering as a result of
torture and trauma prior to their arrival in Australia will be added to the
list of those eligible for a testing exemption.[72] The Australian Citizenship Amendment (Citizenship Test Review and Other
Measures) Bill 2009 was introduced to the Senate on the 25 June 2009 and
proposes to amend the legislation to introduce this new testing exemption; to allow
for time limits on when the test must be completed following a citizenship
application; and, to prevent those under the age of 18 from being eligible for
citizenship by conferral if they are not permanent residents.[73]
In 2007-08, 107 662 people were approved to become
Australian citizens by conferral, descent or resumption.[74]
Developments in Australian citizenship law
Naturalization Act 1903
Under section 51(xix)(naturalization and aliens) of the
Constitution, the Commonwealth enacted the Naturalization Act 1903. The
Commonwealth was then invested with the exclusive right to issue certificates
of naturalisation instead of the colonies as previously. Persons who were
naturalised previously and given State and colonial naturalisations were deemed
to be naturalized. The Act introduced the conditions under which aliens could
acquire the rights and privileges of British subjects. A standard was
established which a person was required to meet before they could obtain
letters of naturalisation. Persons from Asia, Africa or the Pacific Islands
were precluded from applying for naturalisation. Persons were required to be
resident in the Commonwealth for two years prior to their application. A person
with a United Kingdom certificate of naturalisation or letters of naturalisation
could also apply to the Governor-General for a certificate of naturalisation.
Nationality Act 1920
Part III of the Nationality Act 1920 (the Act) was
based on Part II of the British Nationality and Status of Aliens Act 1914 as amended which enabled the recognition of a uniform naturalisation
certificate issued within the Empire in countries where similar legislation had
been enacted. The Act adopted Part II of the British Act which was set out in
the First Schedule to the 1920 Act. It became known as the “common code
system”. The Act introduced a definition of ‘natural born’ British subject. It
included:
- a person born within His Majesty’s dominions and allegiance
- a person born outside His Majesty’s dominions and whose father
was a British subject or had been naturalized
- a person born on a British ship.
Residence requirements were introduced for naturalisation:
- resided in His Majesty’s dominions for five years or have been in
the service of the Crown for five within the last eight years
- good character and an adequate knowledge of English
- intention to reside in His Majesty’s dominions or enter or
continue in the service of the Crown.
Nationality and Citizenship Act 1948
This Act created an Australian citizenship and anyone who
was an Australian citizen was also a British subject. Citizens of other British Commonwealth countries were recognised as British subjects. This Act implemented a
principle contained in the United Kingdom Nationality Act 1948 that
people of self-governing countries within the British Commonwealth had a
particular status as a citizen of their country as well as having the wider
status of a British subject. Australian citizenship could be acquired by:
- birth or descent
- citizenship by registration for British subjects and Irish
citizens
- citizenship by naturalisation
- loss of Australian citizenship in certain circumstances
- deprivation of Australian citizenship.
Previously, women who lost their British nationality if they
married aliens or if their husband acquired another nationality could regain
their citizenship if they were resident in Australia.
This Act introduced an oath of allegiance to be taken in
public before a judicial officer and to be part of a ceremony designed to
impress upon applicants the responsibilities and privileges of Australian
citizens.
Nationality and Citizenship Act 1955
This Act removed many difficulties in obtaining citizenship.
It was no longer compulsory to make a Declaration of Intention to apply for naturalisation
two years before the final application for naturalisation was lodged with the
Department of Immigration. The new procedure allowed new settlers to make
applications for naturalisation six months before their residence qualification
was complete (five years). The Minister was given discretionary powers to waive
the residence requirement or shorten the period for husbands and wives of
Australians. This Act made it no longer necessary for intending applicants for naturalisation
to advertise in the newspaper their intention to apply for naturalisation.
Nationality and Citizenship Act 1958
This Act removed provisions relating to situations where
naturalized persons could lose their citizenship in certain circumstances such
as living overseas for more than seven years and not notifying an Australian
consulate annually of their desire to retain Australian citizenship or being
deemed by the minister to be of bad character. These were replaced by provisions
that determined that if a person was guilty of an offence by making false
representations or concealing information and the minister considered it in the
public interest to do so, then the Minister could deprive that person of their
citizenship. Persons who had lost their citizenship under repealed provisions
could apply to the Secretary of the Department with a declaration that they
wished to resume their citizenship.
Nationality and Citizenship Act 1966
This Act amended the residency requirement
for spouses of naturalisation applicants. Where a husband or wife is qualified
to be a citizen but the partner is not, the eligible partner is granted
naturalisation and the non-qualified partner, as the spouse of an Australian
citizen then becomes eligible for naturalisation without having to comply with
the normal five year residence requirement. This Act made it possible for an
Australian citizen and the spouse of the citizen to be naturalised together at
the same ceremony.
This Act also incorporated into the oath of allegiance the
following words: ‘renouncing all other allegiance’. Previously, during
naturalisation ceremonies, applicants were required to renounce their
allegiance to their former countries before swearing allegiance to the Queen.
Renunciation of allegiance was then a prominent and separate part of the
naturalisation ceremony. The Minister claimed the change resulted in a shorter
ceremony and ‘eliminated the emotional disturbance felt by candidates due to
their natural and rightful love of their homelands’.[75]
Nationality and Citizenship Act 1967
This Act reduced the residential qualification for
citizenship of non-British subjects (call up did not extend to aliens) who were
also permanent residents and who were called up for national service. If
called up, they were also liable for overseas service. The Act provided that
they would be eligible for citizenship after three months service, regardless
of their period of residence in Australia. Persons who were called up and did
not finish the three months service and were discharged as medically unfit
because of their service were also eligible for citizenship. Extending the
call-up to non-British citizens meant that Irish citizens, who were neither
British subjects nor aliens, were also liable to do national service.
Citizenship Act 1969
In 1968 a general revision of the legislation was
undertaken. The Act changed the status of citizens from being British subjects
to Australian citizens ‘having the status of a British subject’ (aliens were
defined until 1987 as those not having the status of a British subject and who
were not an Irish citizen or protected person). The Act gave primacy to the
term ‘Australian citizen’. People with permanent residence who were citizens of
other Commonwealth countries and who had lived in Australia for five years
could have a simplified means of acquiring Australian citizenship. The
residency requirement was changed to two years for aliens who could read and
write English proficiently and speak and understand it.
The title of the Act was changed from the Citizenship Act
1948 to the Australian Citizenship Act 1948. The same requirements
in relation to residence, good character, knowledge of the language and rights
and duties of citizenship and intention to live in Australia permanently were
applied equally to everyone. The residence requirement was three years. The
oath or affirmation was to be taken by all. Everyone still had the status of a
British subject.
The aim of the legislation was to remove discrimination
between persons on the basis of their sex, marital status and present or
previous nationality. The residence requirement was reduced from three to two
years for citizenship by grant. Applicants were required to have a basic
knowledge of English (previously adequate), recognising the difficulty many
older persons have in learning a new language. Applicants over 50 were exempt
from the ‘basic English’ requirement. The definition of the status of British
subject was repealed to accord with the Government’s aim that the Act reflects
the national identity of all Australians. The Act also allowed for appeals to
the Administrative Appeals Tribunal on a number of grounds where a person was denied
or deprived of their citizenship under the Act.
Prior to this Act, citizenship was conferred automatically
on children born in Australia. Under this Act, children born to illegal
immigrants, visitors and others temporarily in Australia do not automatically
become Australian citizens. However, the Government ensured that any child born
in Australia who would otherwise become stateless would gain Australian
citizenship. Automatic citizenship was restricted to a child born in Australia
who has one parent an Australian citizen or a permanent resident at the time of
the child’s birth. Resumption of Australian citizenship was to be available to
any former Australian citizen subject to the condition that the person
concerned should demonstrate a commitment to Australia. Reference to the
renunciation of other allegiances was deleted as well as the requirement for
applicants to state their names when taking the oath or the affirmation. Some
applicants had thought that it meant renouncing their cultural background and
all other ties with their country of origin.[76]
For further information see Australian
Citizenship Amendment Bill 1986, Bills digest, no. 14, 1986,
Parliamentary Library, Canberra, 1986.[77]
1993
This Act incorporated a preamble into the Australian
Citizenship Act 1948 to recognise the significance of Australian citizenship
as a common bond uniting all Australians involving reciprocal rights and
obligations. The preamble makes clear that these rights and obligations are
enshrined in the Constitution and our laws. The Act introduced a Pledge of Commitment to replace the old oath or affirmation of allegiance. The ‘distinctively
Australian’ pledge was intended to give effect to the intent of the preamble by
calling on applicants to commit to the Australian nation and people rather than
pledging allegiance to the sovereign.[78]
For further information see Australian
Citizenship Amendment Bill 1993, Bills digest, 6 May 1993,
Parliamentary Library, Canberra, 1993.[79]
The Government considered that Australian citizenship should
not be undermined by allowing a grant of citizenship to stand where it had been
obtained by fraud or deception. This Act amended the Australian Citizenship
Act 1948 and the Migration Act 1958 to allow deprivation of
citizenship without time limitation of future grants of Australian citizenship
obtained as a result of migration-related fraud. The fraud may have occurred at
the time of immigration or at the time application for citizenship.
For further information see E Perdikogiannis, Migration
Legislation Amendment Bill (No. 3) 1996, Bills digest, no. 53, 1996–97,
Parliamentary Library, Canberra, 1996.[80]
This Act inserted a new provision into the Australian Citizenship
Act 1948 to clarify the application of Chapter 2 of the Criminal Code to
all offences against the Australian Citizenship Act 1948. Chapter 2 of
the Criminal Code sets out the general principles of criminal responsibility.
From 1 January 1997 Chapter 2 applied to all new offences against the Criminal
Code and from 15 December 2001 it applied to all pre-existing Commonwealth
offences.
For further information see J Norberry, Migration
Legislation Amendment (Application of Criminal Code) Bill 2001, Bills
digest, no. 136, 2000–01, Parliamentary Library, Canberra, 2001.[81]
This Act was part of the Government’s response to the
Australian Citizenship Council’s report Australian Citizenship for a New
Century.[82] The response, entitled Australian citizenship ... a common bond, was
released in May 2001.[83] This Act introduced dual nationality for Australian citizens. It repealed
section 17 with the effect that Australian citizens would not lose their
Australian citizenship on the acquisition of citizenship of another country. It
also extended the citizenship by descent provisions to allow children born
overseas to an Australian citizen parent to be eligible for registration as an
Australian citizen by descent until they turn 25 years of age. The Act also
contained provisions for young persons who renounced their citizenship to be
eligible to resume their Australian citizenship until 25 years of age. Specific
reference is made to ‘people smuggling’ offences and the possibility of a
person being deprived of their citizenship if they are imprisoned for more than
12 months.
For further information see the I Ireland, Australian
Citizenship Legislation Amendment Bill 2002, Bills digest, no. 78,
2001–02, Parliamentary Library, Canberra, 2002.[84]
The Australian Citizenship Act 2007 restructured the
1948 Act in accordance with recommendations made by the Joint Standing
Committee on Migration, Australians all: enhancing Australian
Citizenship, 1994 and the Australian Citizenship Council’s report, Australian
Citizenship for a New Century in 2000. Among the recommendations made by
the Joint Committee was that the 1949 Act be redrafted using simple language
and be recast in a modern drafting style which reflects what was stated by the
Minister in his second reading speech on the Bill. The aim of the new Act was
to deliver a better structured, clearer and more accessible law, drafted in twenty-first
century language.
Major changes to the Act include a
framework for the collection, use and storage of personal identifiers to
increase the Government’s ability to accurately identify people seeking to
become citizens. The Act also provides for a prohibition on the Minister
approving applications where the applicant has been assessed by Australian Security
and Intelligence Organisation as being a direct or indirect risk to Australia’s
security. The residence requirement was changed to four years in Australia
prior to the application being made with a 12 month period as a permanent
resident before making the application. There are exemptions
for people engaged in activities outside Australia that are beneficial to
Australia. Eligibility is not affected for periods of time up to 12 months in
the four years that includes three months in the 12 months prior to
application. Spouses of Australian citizens need to meet the same eligibility
criteria but the Minister has a discretion to treat periods of time spent
overseas by spouses of Australian citizens who are permanent residents
(includes de facto, widow and widower), as time spent in Australia. This also
applies to people in interdependent relationships.
For further information see A Palmer, R Bell, A Martyn, P
O’Neill and P Prince, Australian
Citizenship Bill 2005 and Australian Citizenship (Transitionals and
Consequentials) Bill 2005, Bills digest, nos. 72–73, 2005–06,
Parliamentary Library, Canberra, 2005.[85]
This Act requires that prospective applicants for Australian
citizenship undertake a citizenship test to ensure that they understand
Australia’s laws, values and the community generally. The aim of introducing a
citizenship test was to aid the integration of new citizens into the community.
For further information see S Harris Rimmer, Australian
Citizenship Amendment (Citizenship Testing) Bill 2007, no. 188,
2006–07, Parliamentary Library, Canberra, 2007, viewed 19 August 2009.[86]
In April 2008, the Australian Government appointed an
independent committee, the Citizenship Test Review Committee chaired by Richard
Woolcott AC, to examine the operation and effectiveness of the test since its
introduction on 1 October 2007. The report of the Committee, Moving Forward
… Improving Pathways to Citizenship, made 34 recommendations of which
26 were agreed to by the Government.[87]
The recommendations of the Committee focussed on improvements
to the content and administration of the test, the citizenship application
process, and ensuring that vulnerable and disadvantaged people were not
excluded from becoming citizens because of the test.[88]
The Bill
proposes to allow those who have a physical or mental incapacity resulting from
torture or trauma to be eligible for citizenship without having to sit the
citizenship test; to streamline administrative procedures by allowing the
minister to determine a timeframe within which the test must be successfully
completed; and, to stipulate that persons under the age of 18 now have to be
permanent residents at the time they make their application and when the decision
is made. The proposed change removes the ability of children under the age of
18 years and who are not permanent residents to be eligible to apply for
citizenship. The stated purpose of the amendment affecting eligibility for
citizenship by conferral is to:
… prevent children who are in Australia unlawfully, or, who
along with their families, have exhausted all migration options, from applying
for citizenship in an attempt to prevent their removal from Australia.[89]
The provision allowing non-permanent resident children under
the age of 18 to be eligible for Australian citizenship by conferral has been a
part of the legislation since the Nationality and Citizenship Act 1948 up until the passing of the Australian Citizenship Act 2007.
The Department of
Immigration and Citizenship (DIAC) details citizenship eligibility
requirements, statistics and information on the Citizenship Test.
Citizenship
and Immigration Canada provides information on becoming a Canadian citizen
including eligibility requirements and required knowledge for the citizenship
test.
The Ministry
of Refugee, Immigration and Integration Affairs provides information on how
to acquire Danish nationality (citizenship) including the Danish citizenship
test.
France
Information on the acquisition of French nationality is
available (in French) from the Ministry
of Foreign and European Affairs.
Further information on the legal provisions regarding French
Nationality and the means by which to acquire it is available in the English
language version of the French
Civil Code.
Information on who can become a German citizen and the
requirements of naturalisation are available from the Federal
Ministry of the Interior.
Netherlands
Information on attaining Dutch citizenship and the civic
integration examination can be accessed from Department
of Justice, Immigration and Naturalisation.
New
Zealand
The Department of Internal Affairs provides information on citizenship requirements, applications
and grants.
Norway
Information regarding Norwegian citizenship can be obtained
from the Norwegian
Directorate of Immigration.
Sweden
The
Swedish Migration Board provides information on matters concerning Swedish
Citizenship.
United
Kingdom
The UK Border
Agency, an executive agency of the Home Office, provides information on
acquiring British citizenship, probationary citizenship and the Life in the UK test.
United
States
U.S. Citizenship
and Immigration Services, part of the Department of Homeland Security, provide
detail on obtaining citizenship and the U.S. Naturalisation Test.
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