Opinion Number. 586

Subject

NATURALIZATION
WHETHER NATURALIZATION TAKES EFFECT FROM DATE OF EXECUTIVE COUNCIL APPROVAL OR MUST CERTIFICATE FOLLOW

Date
Client
The Secretary, Department of External Affairs

The Secretary, Department of External Affairs, forwards the following memorandum for advice:

A.B.C. of Tasmania applied for naturalization. The papers being in order his application was submitted to and approved by the Executive Council on 30th September last. When the certificate was being prepared for signature, it was decided that no further action should be taken in the matter. In consequence, the signatures of the Governor-General and the Minister were not obtained.

  1. The Department has always regarded naturalization as becoming effective from the date of approval by the Executive Council, and prior to the actual issue of the certificate.
  2. I shall be glad to be favoured, at your early convenience, with your opinion on the subject.

In my opinion, an alien does not become naturalized until the issue of a certificate of naturalization.

[Vol.13, p.143].