Opinion Number. 1375

Subject

Nationality nationality: revocation of certificate: DISAFFECTION or disloyalty: whether issue of order for deportation is conclusive evidence that person is disaffected or disloyal

Key Legislation

Nationality Act 1920 12(1): Immigration Act 1901 s 8AA(2)

Date
Client
The Secretary, Department of Home and Territories

The Secretary, Department of Home and Territories, has forwarded me the following minute for advice:

Section 12(1) of the Nationality Act 1920 provides that—

Where the Governor-General is satisfied that a Certificate of Naturalization has been obtained by false representation or fraud … or that the person to whom the certificate is granted has shown himself by act or speech to be disaffected or disloyal to His Majesty, the Governor-General shall by order revoke the certificate.

In the event of an order for deportation being issued by the Minister against any person naturalized in the Commonwealth, shown to have been involved in an industrial disturbance, (section 8AA of the Immigration Act 1901–1925) advice is desired as to whether the circumstances resulting in the issue of such order could be regarded as bringing the case within the category of persons disaffected or disloyal, and so enable the Certificate of Naturalization to be revoked after the deportation has been effected.

The favour of an early reply regarding this matter would be appreciated.

The revocation, under section 12 of the Nationality Act 1920–1925, of a certificate of naturalisation depends upon the opinion of the Governor-General that the person in question has (inter alia) shown by act or speech that he is disloyal or disaffected.

The Governor-General is free to form his opinion upon whatever facts and circumstances he considers sufficient.

I do not think that the mere fact of the issue, under section 8AA of the Immigration Act 1901–1925, of an order for deportation can be regarded as conclusive evidence that the person against whom the order is made is disaffected or disloyal. It is quite possible, however, that the evidence upon which such an order is based may be such as to cause the Governor-General to form the opinion mentioned in section 12 of the Nationality Act.

On the other hand, a person may be loyal to His Majesty and yet be concerned in the acts specified in subsection (2) of section 8AA of the Immigration Act 1901–1925.

[Vol. 22, p. 300]