Citizenship for children abandoned in Australia because they are Australian citizen as defined in section 4 of the Australian Citizenship Act 2007 (‘ACA”) by reason of them being a “person …. found abandoned in Australia as a child” within the meaning for section 14.
Section 14 of the ACA states a “person is an Australian citizen if the person is found abandoned in Australia as a child, unless and until the contrary is proved.”
Citizenship for children abandoned in Australia requires a finding of fact on whether the child satisfies the requirements of section 14.
The citizenship for abandoned children is automatic however it requires a finding of fact as not all children considered abandoned into the care of a child protection agency will necessarily be found to be an Australian citizen.
It can be difficult for children abandoned in Australia to acquire Australian citizen because (‘unless and until the contrary is proved”) they must not be found to have born overseas and have travelled to Australia on a passport issued by another country.
Evidence of Australian citizenship
Citizenship for children abandoned in Australia can apply for evidence of Australian citizenship under section 37. If any abandoned children are found to be Australian citizens, they will be given a notice stating that they are Australian citizens under section 37(2). However, before they are granted citizenship, the Department has to be satisfied as to their identities. If a child does not have any identity document, a person who know the child well may provide a declaration attesting to the child’s identity.
Abandoned children wanting to apply for evidence of Australian citizenship should provide a police statement certifying they were abandoned. It is a common knowledge that abandoned children have limited identity documentation.
If an application for evidence of Australian citizenship is refused, there is no AAT review rights. However, you can request the Secretary of the Department of Immigration and Citizenship (PO Box 25, Belconnen ACT 2616) to review the refusal decision.
If your child was born in Australia and has been living here for at least 10 years, your child may be deemed to be an Australian citizenship, click here to learn more.
Australian citizenship law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you understand more about Citizenship for children abandoned in Australia or to help you decide if you are eligible to apply for an Australian citizenship. Click here to find a visa.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
