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

A.B. applied for naturalization on 15 February 1921, when he was about to leave Australia for a visit abroad. In view of that fact his application was not proceeded with. He returned to the Commonwealth on 14 November last, after which he submitted a fresh application for naturalization.

Mr B. had resided in Australia 35 years prior to his visit abroad last year. Will you be so good as to advise whether there is any reason why his application of 15 February should not now be proceeded with.

Section 7 of the Nationality Act 1920 provides inter alia as follows:

1. The Governor-General may grant a certificate of naturalization to an alien who makes an application for the purpose, and satisfies the Governor-General-
1. that he has either resided in His Majesty's dominions for a period of not less than five years in the manner required by this section, or been in the service of the Crown for not less than five years within the last eight years before the application; and
2. that he is of good character and has an adequate knowledge of the English language; and
3. that he intends if his application is granted either to reside in His Majesty's dominions or to enter or continue in the service of the Crown.
2. The residence required by this section is residence in the Commonwealth for not less than one year immediately preceding the application, and previous residence, either in the Commonwealth or in some other part of His Majesty's dominions, for a period of four years within the last eight years before the application.

The residence required by the section is residence before the application. Mr B. at the time of his application had satisfied that requirement. His subsequent absence from Australia on a visit abroad before his application was dealt with, or his second application, does not, therefore, in my opinion, prevent the application being now proceeded with, and the Governor-General may give or withhold the certificate as he thinks fit.

[Vol. 18, p. 294]