Opinion Number. 789

Subject

NATURALIZATION
WHETHER SURNAME IN CERTIFICATE OF NATURALIZATION CAN BE ALTERED ON DISCLOSURE BY PERSON NATURALIZED OF USE OF INCORRECT SURNAME IN APPLICATION

Date
Client
The Secretary, Department of Home and Territories

The Secretary, Home and Territories Department, forwards the following memorandum for advice:

A.B.C, a German, was naturalized by the Commonwealth in June 1914. He has now written stating that his true surname is B. He adds that in 1912 he was arrested and charged with entering the dwelling of a man, and was tried and found not guilty. At this time he was known to people as B. When, however, he applied for naturalization in 1914, he used the name C. (his mother's maiden surname) in order to hide his identity, as he felt ashamed, after suffering the disgrace of being accused of the offence mentioned, and did not realise, as it was his mother's name he assumed, that he was doing wrong. Moreover, he had been at the time drinking heavily.

  1. A certificate in the name of C. was issued to this man.
  2. C. now asks whether his name could not be altered from C. to B. on the certificate.
  3. Please advise me in the matter.

I see no reason why, if the Department is satisfied as to the correctness of the statements made by C, and with the sufficiency of his explanation, it should not correct the certificate which has been issued to him.

Any correction should of course be made by the authority which actually issued the certificate.

[Vol. 15, p. 158]

  1. This opinion is unsigned in the Opinion Book, but it is attributed to Sir Robert Garran.