The Secretary to the Home and Territories Department has requested advice as to the nationality of Mrs Finselbach.

It appears from the file submitted that-

1. Mrs Finselbach is the wife of Dr Finselbach who was, in 1895, naturalized in New South Wales; and
2. That naturalization has not been revoked.

By section 4 of the Naturalization Act 1903-1917 Dr Finselbach was, by virtue of his State naturalization, deemed to be naturalized under that Act. Within the Commonwealth, therefore, Dr Finselbach was a British subject by virtue of the Naturalization Act 1903-1917, and his status as a British subject under that Act was preserved by section 3 of the Nationality Act 1920-1921.

Dr Finselbach's certificate of naturalization has not been revoked, and he must, therefore, I think, be regarded as a British subject within the meaning of the Naturalization Act 1903-1917.

Mrs Finselbach being the wife of a British subject is, therefore, in my opinion, so far as the Commonwealth law is concerned, a British subject by virtue of section 10 of the British Nationality and Status of Aliens Act 1914-1918 of the United Kingdom.

This opinion must not, however, be taken to affect the opinion given on 27 October 1921⁽¹⁾, as to the nationality of Dr Finselbach under the Treaty of Peace with Germany, the principles expressed in which will, of course, apply in relation to Mrs Finselbach.

[Vol. 19, p. 160]

(1)Opinion No. 1153.