Australian Citizenship (Permanent Resident Status - New Zealand Citizens) Declaration 2001

Overview

The Australian Citizenship (Permanent Resident Status – New Zealand Citizens) Declaration 2001 was enacted to address the issue of granting permanent resident status to New Zealand citizens under the Australian Citizenship Act 1948. This legislative instrument was made by Philip Ruddock, the Minister for Immigration and Multicultural Affairs, and it came into effect on 27 February 2001. The primary policy objective of this Declaration is to ensure that certain New Zealand citizens are recognised as having permanent resident status in Australia, thereby facilitating their integration and rights within the country. This Declaration revokes a previous Declaration from 1994 but provides for its continued application under specific circumstances to maintain continuity for ongoing applications.

Scope and Application

The Australian Citizenship (Permanent Resident Status – New Zealand Citizens) Declaration 2001 applies to New Zealand citizens who meet specific criteria under the Australian Citizenship Act 1948, impacting their status as permanent residents. It primarily applies to New Zealand citizens who were in Australia on 26 February 2001 and held a special category visa, as well as those who were outside Australia but had been in the country as special category visa holders for at least one year in the two years preceding that date. Additionally, it covers New Zealand citizens who have a certificate issued under the Social Security Act 1991 stating their residency in Australia on a particular date. The Declaration aims to clarify the permanent resident status of these individuals by considering their visa status and whether they were in Australia under specific conditions, excluding those who were diplomatic or consular representatives of New Zealand or their spouses or dependent children. The Declaration, which commenced on 27 February 2001, revokes a previous declaration made on 22 August 1994, though the earlier declaration continues to apply to certain applications made before 27 February 2001.

Key Provisions

The Australian Citizenship (Permanent Resident Status – New Zealand Citizens) Declaration 2001 (hereafter referred to as the Declaration) was made under subsection 5A(2) of the Australian Citizenship Act 1948 (the Act) and commenced on 27 February 2001. This Declaration revokes a previous Declaration made on 22 August 1994 but allows the older Declaration to apply in certain circumstances, particularly to applications made by New Zealand citizens before 27 February 2001. The Declaration defines key terms such as "special category visa" and "dependent child" by referring to their meanings in the Migration Act 1958 and the Migration Regulations 1994. This Declaration imposes specific conditions for New Zealand citizens to be considered as permanent residents under the Act. According to section 5 of the Declaration, it applies to New Zealand citizens who were in Australia on 26 February 2001 as holders of a special category visa, those who were outside Australia but had been in Australia as holders of a special category visa for a cumulative total of at least one year in the two years prior to 26 February 2001, and those who have a certificate issued under the Social Security Act 1991 stating that they were residing in Australia on a particular date. Importantly, these individuals are deemed to be permanent residents if they are in Australia holding a special category visa, not holding a special purpose visa, and are not diplomatic or consular representatives of New Zealand or their spouses or dependent children. The same conditions apply to those who are ordinarily resident in Australia but are outside the country, provided they meet specific criteria regarding their visa status and reasons for being abroad. The Declaration does not explicitly outline offences, penalties, or specific consequences for breaches. However, the failure to meet the criteria set out for being considered a permanent resident under the Act could potentially affect eligibility for Australian citizenship and associated benefits. Given that the Declaration operates under the Australian Citizenship Act 1948, any breaches or non-compliance might be subject to the general penalties and enforcement mechanisms provided by that Act. These could include administrative penalties, revocation of visas, or other legal actions as deemed appropriate by the Minister or relevant authorities under the Migration Act 1958.