The Secretary, Department of Defence, has forwarded for advice the following memorandum:

As it is probable that recommendations for the cancellation of the naturalization of a number of persons of enemy origin will be made by this Department, I am directed to ask your advice as to the nationality of such persons after their naturalization is cancelled.

Section 11 of the Naturalization Act 1903-1917 provides that if a certificate is revoked it shall 'be and be taken to have been of no effect'.

If in spite of his naturalization as a British subject a person has retained foreign nationality, I presume that on cancellation of his naturalization he can be treated as a person of that foreign nationality. If, however, by reason of his naturalization or of some act subsequent thereto he lost his foreign nationality, I presume that on cancellation of his naturalization he is to be considered as having no nationality.

It would be convenient for the purposes of the Aliens Restriction Order 1915 if all persons of enemy origin whose naturalization is cancelled could be treated as alien enemies; and it is under consideration to provide accordingly by amendment of the Aliens Restriction Order.

It is possible however that a provision should be made which would extend to all Regulations and Orders affecting alien enemies. I shall be obliged if you will consider this question and let me have your advice.

An amendment of the main series of War Precautions Regulations, in some such terms as the following, might be suitable for this purpose:

A person who has been naturalized under the law of the Commonwealth and whose certificate of naturalization has been revoked shall be deemed for the purposes of all Regulations and Orders made under the Act to have the same nationality as he had when he was naturalized.

The power of revocation, conferred by the Naturalization Act 1903-1917, appears to be limited, I observe, to certificates granted under that Act, and there is no power to revoke certificates granted under State Acts. If the Act is again amended it might be desirable to take this power.

It is difficult to lay down any general rule with respect to the effect of the revocation of a certificate of naturalization on the nationality of the person to whom the certificate relates. The determination of the nationality of such a person depends, mainly, on the law of the country of which he was born a subject.

If that person became denationalised on naturalization then on the revocation of the certificate he would, in my opinion, become a person of no nationality, but if the country of which he was originally a subject still regards him as its subject though he is naturalized in another country, then on revocation of the certificate he would, I think, revert to his original nationality.

Again, a person may become naturalized in Australia whilst naturalized in another country. Here also the law of that other country must be looked at in order to determine his nationality.

In my opinion, therefore, in the absence of legislative provision, each case must be decided on its merits.

As regards provision being made for the treatment as enemy aliens of all persons of enemy origin whose certificates of naturalization have been revoked, there appears to be no legal objection to this course being taken.

A regulation in the following terms would I think meet the case:

A person of enemy origin who has been naturalized under the law of the Commonwealth and whose certificate of naturalization has been revoked shall be deemed to be an alien enemy.⁽¹⁾

The suggested amendment of the Naturalization Act 1903-1917 appears to be desirable and as this is a matter for the consideration of the Department of Home and Territories that Department should I think be consulted.

[Vol. 15, p. 415]

(1)On I7 April l9l8, by-S.R. I918, No. 100, the following regulation was inserted in the War Precautions Regulations:

'63C A person who has been a subject of a country with which the United Kingdom is now at war and who has been naturalized under the law of the Commonwealth and whose naturalization has been revoked shall be deemed to be an alien enemy'.