NATURALIZATION
CHILDREN OF NATURALIZED PERSONS: DATE WHEN DEEMED NATURALIZATION OF CHILDREN COMMENCES: DEPARTMENTAL PRACTICE CONCERNING ISSUE OF CERTIFICATES
NATURALIZATION ACT 1903, s. 10: NATURALIZATION ACT 1917: NATURALIZATION REGULATIONS, reg. 1C
The Secretary to the Department of Home and Territories has forwarded, for advice, the following memorandum:
In an opinion given by you on 8 July last(1) to the Assistant Commissioner of Pensions, regarding section 10 of the Naturalization Act 1903-1917 you state:
As the naturalization of the persons whose cases are dealt with above depends solely on the Commonwealth Act, it would appear that the date from which they can claim naturalization is that specified in the proclamation of 22 April 1920, and that their disqualification continues for three years from that date.
The practice of the Department from the time the 1917 Act came into operation was to issue the following certificate in accordance with regulation 1C dated 14 November 1917:
In accordance with regulation 1C, dated 14 November 1917, made under the Naturalization Act 1903-1917, I hereby certify that ... is deemed to be a naturalized subject of the Commonwealth and that such naturalization is to be regarded as having taken effect from the date of his coming of age, viz ...
I shall be glad to know whether the Departmental practice is correct or whether the certificate in regard to neutrals and allies should date from 14 November 1917, and that for late enemy aliens from 19 April 1920.
The practice of the Department is not, I think, wholly correct. The practice should, in my opinion, vary according as the person affected by section 10 of the Act was an infant or of full age at the date on which the section commenced or the day of application of the section was fixed by proclamation, as the case may be.
If the person was an infant then the present Departmental practice is, I think, correct.
If the person was an adult, then the certificate issued in pursuance of regulation 1C should state that he is deemed to be naturalized as from 20 September 1917 (the date of commencement of the Naturalization Act 1917) in the case of neutrals and allies, and as from 19 April 1920, in the case of persons who were enemy-subjects at the date of the commencement of the section.
[Vol.17, p.115]
(1)Opinion No. 991