Australian citizen
Statutory definition
The Australian Citizenship Act 2007 (Cth) provides for acquisition and loss of Australian citizenship. Section 3 defines Australian citizen by reference to the various means of acquisition: by birth or descent, by adoption, or by conferral (grant). The Migration Act 1958 defines "citizen" as an Australian citizen.
Explanation
A citizen under the Migration Act is an Australian citizen. The Migration Act does not apply to Australian citizens in respect of their right to enter and remain in Australia — they are not "non-citizens" and do not require a visa.
Citizenship may be acquired:
- By birth — persons born in Australia on or after 20 August 1986 are citizens by birth only if at least one parent was an Australian citizen or permanent resident at the time of birth
- By descent — persons born outside Australia to at least one Australian citizen parent may acquire citizenship by descent (application required)
- By conferral — permanent residents who meet residence, character, and other requirements may apply for citizenship by conferral; the general residence requirement is four years as a permanent resident (with the first year as a lawful non-citizen)
How this term is used
A permanent resident visa ceases upon grant of Australian citizenship. Citizens are not subject to character-based cancellation under s 501 of the Migration Act — their right to remain is governed by citizenship law, not migration law.