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

Section 7, sub-section (1) of the Nationality Act 1920 provides, inter alia, that an applicant for naturalization shall satisfy 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.

whilst sub-section (2) of the same section provides as follows:

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.

2. An inquiry has been received by this Department on behalf of a resident of Sydney, New South Wales, who is a subject of the United States of America, but has lived in Australia during the past 24 years.
3. This gentleman's home and business interests are permanently located in Australia, but it is occasionally necessary for him to make business visits to Europe and America.
4. During the three years immediately prior to 1921 he did not leave Australia at all, but during 1921 he was temporarily absent for a few months.
5. Had he applied for naturalization before proceeding abroad on his latest trip, there would apparently have been no question as to his eligibility for naturalization on the ground of residence. The question now raised is as to whether his temporary absence last year renders him ineligible to apply for naturalization at the present time, a full period of twelve months not having elapsed since he returned to Australia.
6. I shall be glad if you will favour me with advice in regard to this point.

On the question above submitted I invite attention to the opinions of 9 August 1904 and 29 September 1904 given by the then Attorney-General on the meaning of 'continuous residence' as used in the Naturalization Act 1903.⁽¹⁾

The principles enunciated in those opinions govern this case.

A person who has his residence in the Commonwealth and is temporarily absent from the Commonwealth during the qualifying period does not, in my opinion, thereby render the commencement of a new qualifying period necessary.

[Vol. 18. p, 302]

(1)On 9 August 1904 [Vol.4, p. 311] the Attomey-General (Mr I-LB. Higgins) said:

' . . . I do not think that every temporary absence from the Commonwealth-e.g. a holiday trip to New Zealand or to Europe--necessarily breaks the continuity of residence within the meaning of [the Naturalization Act 1903]. A man may have a de?nite residence, and yet be absent from that residence.

The length of the absence, the motive for the absence, and the nature of the establishment (if any) kept up by [the applicant] during the two years would, I think, be necessary factors for the determination'.