The Secretary, Department of Home and Territories:

The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:

A Syrian, who was naturalized in 1891 by the New South Wales Government, applies for a certificate under section 8 of the Nationality Act 1920.

He states that he returned to Australia about six weeks ago from Syria, where he had resided during the past eight years, having gone there for a trip before the late war, and not having been allowed to return.

It is stated that this man did not retain any interests in Australia during his absence.

Will you kindly favour with advice as to whether this man would be entitled to submit an application for a certificate under section 8, in view of his detention, through war conditions, in Syria for eight years.

Sub-section (1) of section 8 of the Nationality Act 1920 provides as follows:

Any person to whom a certificate of naturalization has been issued under the Act repealed by this Act or under any State Act, or who has been naturalized by virtue of a certificate of naturalization issued to his father or mother under any such Act, may apply to the Governor-General in the prescribed manner for a certificate of naturalization under this Act, and the Governor-General may, upon being satisfied that the applicant is of good character and would have been eligible had he remained an alien, to receive a certificate of naturalization under this Act, grant to him a certificate of naturalization which shall, for all purposes, have the same effect as a certificate of naturalization granted under section seven of this Act.

In my opinion the Syrian referred to in the Secretary's memorandum would not,if he had remained an alien, be eligible for the grant of a certificate of naturalization,and he is not, therefore, eligible under section 8.

[Vol. 18, p. 205]