The Secretary to the Department of Home and Territories has forwarded for advice the following memorandum:

Mr A.B.C, who is an applicant for naturalization, writes as follows:

I arrived in Sydney per s.s. Matunga on 22.2.1915; I departed from Sydney per s.s. Matunga on 16.4.1915, during which period I lived at my own house in Greengate Road, Killara, with my children.

Also I arrived in Sydney per s.s. Morinda 26.7.1916; I departed from Sydney per s.s. Morinda 21.2.1917 and during this period I lived at my own house, Greengate Road, Killara, with my children.

And I again arrived in Sydney on 28 April 1918 per s.s. Morinda and departed from Sydney 1.10.1918 per s.s. Marsina. During this period I resided with my family at the Hotel Metropole from 29 April to 11 May 1918, and upon the latter date I removed with my 3 children and occupied part of Roseberry Flats, Belmore Road, Randwick, during their school holidays until 25 July, when I again took up

my residence at the Hotel Metropole, Sydney, until I sailed in the Marsina on 1 October 1918. My house at Greengate Road, Killara, being tenanted during the abovenamed period.

I again arrived in Sydney on 5 November 1919, from which date I have been residing at my house, Greengate Road, Killara, with all my family.

I shall be glad to be informed whether the information given above amounts to residence in the Commonwealth within the meaning of the Act.

Section 5 of the Naturalization Act 1903-1917 provides as follows:

5. A person resident in the Commonwealth, not being a British subject, and not being an aboriginal native of Asia, Africa, or the Islands of the Pacific, excepting New Zealand, who intends to settle in the Commonwealth, and who-

1. has resided in Australia continuously for two years immediately preceding the application; or
2. has obtained in the United Kingdom a certificate of naturalization or letters of naturalization,

may apply to the Governor-General for a certificate of naturalization.

The requirement of paragraph (a) of that section can, in my opinion, only be satisfied by personal residence and not by the mere establishment of a home in Australia.

Although Mr C. has, apparently, maintained a home in Australia since 22 February 1915, and it appears that his children have resided in Australia continuously since that date, he himself has not, according to the facts stated in the above memorandum, resided in Australia for two years immediately preceding his application for naturalization.

I am, therefore, of opinion, that Mr C.'s residence in Australia and his establishment there of a home does not amount to the residence in Australia required by paragraph (a) of section 5 of the Naturalization Act 1903-1917

[Vol. 16, p. 399]