The Secretary to the Department of External Affairs has forwarded the following memorandum for advice:

A German became a naturalized subject in England, and then married an English woman. All his children were born in London except the youngest whose birthplace was Germany, the parents having gone there temporarily on a business visit. The father died some thirty years ago in England. The son, who is in Australia, is about forty years old. The son accompanied the father to England and resided there with his parents for some time, after which he came to Australia.

I shall be glad to be advised as to whether the son is a British subject or not. Section 10 (5) of the Imperial Naturalization Act 1870 provides that:

Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who during infancy has become resident with such father or mother in any part of the United Kingdom, shall be deemed to be a naturalized British subject. In view of this section I am of opinion that the son is a British subject.

[Vol. 14, p. 73]