NATVRALIZA TION: BRITISH SUBJECT WHETHER ALIEN NATURALIZED UNDER IMPERIAL LEGISLATION IS BRITISH SUBJECT IN COMMONWEALTH
NATURALIZATION ACT 1903, ss. 5, 6: BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (IMP.), s.9(l)
The Secretary, Department of Home and Territories, forwards the following memorandum for advice:
The question has been raised as to whether an alien naturalized under the British Nationality and Status of Aliens Act 1914 could be held to be a British subject in the Commonwealth.
- In this connection Lord Emmott made use of the following words in his speech on the Second Reading of the Bill:
At present an alien naturalized in the United Kingdom carries with him, either by right or by courtesy, over the whole of the world practically the same privileges as a natural-born British subject, subject of course, to any claims that may be made upon him by the country of his original citizenship when they conflict with his newly acquired nationality.
- Attention is invited to sections 5 and 6 of the Naturalization Act 1903-17 relative to the issue of certificates to persons who have already obtained such in the United Kingdom.
- The Minister will be glad to be advised in the matter.
Section 9 (1) of the Imperial Act provides as follows:
9(1) This Part of this Act shall not, nor shall any certificate of naturalization granted thereunder, have effect within any of the Dominions specified in the First Schedule to this Act, unless the Legislature of that Dominion adopts this Part of this Act.
The Commonwealth of Australia is one of the Dominions set out in the First Schedule. Part II of the Act has not been adopted in the Commonwealth, and is therefore not in force in the Commonwealth.
I am of opinion, therefore, that an alien naturalized under the British Nationality and Status of Aliens Act 1914 cannot by virtue of that naturalization be held to be a British subject in the Commonwealth.
[Vol. 15, p. 485]