Section 21(7) of the Australian Citizenship Act 2007 (Act) allows certain people born in Papua, before Papua New Guinea (PNG) became independent on 16 September 1975, to apply for Australian citizenship by conferral.
To be eligible, the applicant must also have an Australian-born parent who was an Australian citizen when the applicant was born. This article outlines how the Department of Home Affairs (Department) assesses each requirement.
Who does section 21(7) apply to?
Section 21(7) is for people born in Papua while it was an Australian territory, and who have a connection to Australia through an Australian-born parent.
Unlike the general eligibility pathway in s 21(2) of the Act, there is no residence requirement, and the applicant does not need to have lived in Australia or hold a permanent visa.
What are the eligibility requirements?
To be approved as an Australian citizen under s 21(7) of the Act, the applicant:
- must have been born in Papua before 16 September 1975 (PNG Independence Day);
- must have had a parent who was born in Australia (within the meaning of the Act at the time of the application);
- that parent was an Australian citizen when the applicant was born; and
- the applicant is of good character.
All four requirements must be met.
What does “Papua” mean?
Section 3 of the Act gives “Papua” the same meaning as “the Territory of Papua” in the Papua New Guinea Act 1949, immediately before 16 September 1975. That definition covers “the south-eastern part of the island of New Guinea”, described by latitude and longitude.
The former Territory of New Guinea, in the north of what is now PNG, is not included. It is important to confirm that the place of birth falls within the former Territory of Papua before applying.
Image source: https://www.abc.net.au/news/2015-09-16/timeline-of-papua-new-guinea-road-to-independence/6748374
How do I prove I was born in Papua?
The best evidence is usually an officially issued birth certificate showing the details of the applicant and their parents. Under Departmental policy, delegates should:
- give more weight to a birth certificate issued close to the time of birth, and assess late issued certificates to confirm they are genuine and accurate; and
- check that the certificate is consistent with any birth certificate previously given to the Department in a citizenship or visa application.
If no official birth certificate is available, or the delegate has concerns about a recently issued certificate or inconsistent information, they may consider Baby Books, hospital records, baptism certificates and Adult Record Books.
How do I prove my parent was born in Australia and was an Australian citizen?
Whether the parent was born in “Australia” is assessed using the Act’s meaning at the time of the citizenship application, not at the parent’s birth. Under section 3 of the Act, Australia includes the external Territories. A parent born in Papua will not meet this requirement.
The applicant must also establish the parent-child relationship. Evidence commonly includes:
- the applicant’s birth certificate naming the parent;
- the parent’s Australian birth certificate; and
- evidence of the parent’s Australian citizenship when the applicant was born.
- Where the parent has passed away or records are hard to obtain, further evidence may be needed.
What is the good character requirement?
The Department generally considers criminal history, past breaches of immigration law and honesty in dealings with the Department, and may request police certificates.
Good character is assessed at the time of the decision, not at lodgement, so changes in circumstances during processing may be relevant.
Conclusion
Section 21(7) is an important pathway for people born in Papua before PNG’s independence who have an Australian-born parent.
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