Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

Love v The Commonwealth; Thoms v Commonwealth [2020] HCA 3 for full judgement please go to: https://www.hcourt.gov.au/cases/case_b43-2018

Who is an Aboriginal Australian? And should Aboriginal Australians be treated differently to other groups in Australia?

The High Court recently considered whether two men who were born outside of Australia and were not Australian citizens, but had spent most of their lives in Australia,

where within the reach of the “aliens power” conferred by s 51(Xix) of the Constitution.

Key terms: Citizenship – Australia – Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) – High Court citizenship ruling – Dual Citizenship – Australia Citizenship requirements – Australia MPs – Banarby Joyce – Fiona Nash – Malcolm Roberts – Larissa Waters – Scott Ludlam – Nick Xenophon – Matthew Canavan

On 20 April 2017 the Australian Department of Immigration and Border Protection (DIBP) announced that changes are being introduced to the Australian citizenship requirements. The changes include:

- Increased residency requirements (from one year to four)

- Meeting an English requirement

The changes are meant to be in effect once the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) gets passed in Parliament. Unfortunately applications yet to be decided were also put on hold until the Bill can be passed.