Heald and Minister for Immigration and Multicultural Affairs

[2001] AATA 455

DECISION AND REASONS FOR DECISION [2001] AATA 455

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No A2000/451

GENERAL ADMINISTRATIVE  DIVISION       )          
           Re      JACQUELINE OLIVIA HEALD   
  Applicant
           And    MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS          
  Respondent

DECISION

Tribunal       Mr C P Webster (Senior Member)           

Date28 May 2001

PlaceCanberra

Decision      The decision under review is affirmed.             
  [Sgd CP Webster]
  Senior Member
CATCHWORDS
Citizenship – registration as Australian citizen – no natural parent an Australian citizen at date of birth of applicant.
Australian Citizenship Act 1948 – s10C(4)

REASONS FOR DECISION

28 May 2001           Mr C P Webster (Senior Member)   

Issues

1. Jacqueline Olivia Heald ("the applicant") seeks a review of a decision of the Department of Immigration and Multicultural Affairs ("the respondent") of 15 December 2000 to refuse the applicant's application for registration of Australian citizenship under s.10C of the Australian Citizenship Act 1948 ("the Act").

2. The question to be determined by the Tribunal is whether the applicant satisfies the eligibility requirements of s.10C of the Act.
   Facts

3. Neither party was represented and a determination was made on the documentary material submitted to the Tribunal.   The facts were not in dispute and the Tribunal finds as fact the following:

   (a)The applicant was born in Britain on 25 February 1961.

   (b)Her natural parents are not known and the nationality of her parents is unknown.   She was born with the name Deborah Reid.

   (c)By adoption order from the County Court Nottingham, U.K. dated 26 October 1961, the applicant was adopted by Thomas Heald and Jean Heald.   At adoption the applicant's surname changed to Heald.

   (d)Jean Heald the adoptive mother, was at all material times an Australian citizen.

Application of the Law

1. The relevant legislation is contained in s.10C(4) of the Act. That section states:-

   "The Minister must register, in the prescribed manner, an applicant for registration under this section if:

   (a)a natural parent of the applicant was an Australian citizen at the time of the birth of the applicant; and

   (b)      that parent:

   (i)is an Australian citizen at the time an application under this section is made; or

   (ii)is dead and at the time of his or her death was an Australian citizen; and

   (c)      the applicant:

   (i)        was born outside Australia on or after 26 January 1949; and

   (ii)is aged 18 years or over on the day on which this section commences; and

   (iii) failed for an acceptable reason to become registered as an Australian citizen under:

   (A)section10B; or

   (B)section 11 of this Act as in force at any time before the commencement of section 10B; and

   (d)the Minister is satisfied that the applicant is of good character."

1. The relevant subsection is 10C(4)(a) which requires one of the natural parents of the applicant to be an Australian citizen at the time of birth of the applicant.

2. In the present case there is no evidence of the nationality of the applicant's parents.    She was born in Britain and there is no suggestion that either of her natural parents were Australian.    On the balance of probability it is unlikely that either natural parent was an Australian citizen.

3. The applicant therefore fails to satisfy the eligibility criterion of s.10C(4)(a). The application must fail.
   Decision

4. That the decision under review is affirmed.

   I certify that the 8 preceding paragraphs are a true copy of the reasons for the decision herein of Mr C P Webster (Senior Member)

   Signed:         .....................................................................................
     Personal Assistant

   Date/s of Hearing  Matter decided on the papers.
   Date of Decision  May 2001