Australian Citizenship Lawyer / entry R-02
- Register no.
- R-02
- Status
- claimed
- Last checked
- 19 October 2026
- Sources
- Citizenship Act 2007 ss 12, 13, 16, 37, 52
- Home Affairs, get a citizenship certificate (18 Oct)
- Home Affairs, confirming citizenship (18 Oct)
Australian citizenship by birth applies to a person born in Australia on or after 20 August 1986 if a parent was an Australian citizen or permanent resident at the time of birth, or if the person is ordinarily resident in Australia for the first 10 years of life (Australian Citizenship Act 2007 (Cth) s 12). Check the date and place of birth, a parent’s status at the birth and the person’s residence history before choosing the evidence route.
Enquire about citizenship by birth
Which birth rule applies?
| Situation | Rule to check | Records to identify | Next step |
|---|---|---|---|
| Born on or after 20 August 1986; a parent was a citizen or permanent resident | s 12(1)(a) | Birth record; proof of the parent’s status on that day | Confirm the status at the birth |
| Born in Australia; relying on the first 10 years | s 12(1)(b) | Birth record; residence history | Check the whole 10-year period |
| Born before 20 August 1986 | Home Affairs date bands (below) | Full birth certificate; any existing evidence | Find the date band |
Does Australia have birthright citizenship?
Only on conditions. Birth in Australia alone is not enough. A person born in Australia is a citizen if and only if one of two things is true:
- a parent was an Australian citizen or permanent resident when the person was born; or
- the person was ordinarily resident in Australia throughout the 10 years beginning on the day of birth.
If neither parent had that status at the birth, the 10-year route is the one left to test.
How does the birth date change the answer?
Home Affairs sets out four bands for people born in Australia. They are Home Affairs guidance for an evidence application, not a statement of the earlier legislation.
| Born in Australia | Home Affairs guidance |
|---|---|
| Before 26 January 1949 | British subject on 25 January 1949, and father not a foreign diplomat |
| 26 January 1949 to 21 November 1984 | Citizen at birth unless the father was a foreign diplomat |
| 22 November 1984 to 19 August 1986 | Citizen at birth unless neither parent was a citizen or permanent resident and one was a consular officer or entitled to diplomatic privileges |
| On or after 20 August 1986 | A parent was a citizen or permanent resident, or ordinary residence for the first 10 years |
Born before 20 August 1986?
Use the first three bands. Each turns on a diplomatic exception, with 22 November 1984 and 20 August 1986 as the break points.
Born on or after 20 August 1986?
Test the parent’s status at the birth first, then the 10-year route.
What is the 10-year rule?
The person must be ordinarily resident in Australia throughout the 10 years from the day of birth. Home Affairs says the person need not be in Australia on the 10th birthday, and that residence for a special or temporary purpose, such as the children of diplomats, does not count.
The Act sets no fixed allowance for time abroad. Build the residence history across the whole period.
What proves citizenship by birth?
Home Affairs’ guidance for employers lists these documents. It is not a checklist for every purpose.
| Born in Australia | Documents listed |
|---|---|
| Before 20 August 1986 | Citizenship certificate, current Australian passport, or full Australian birth certificate |
| On or after 20 August 1986 | Citizenship certificate or current Australian passport. Failing those, a full birth certificate plus documents showing a parent named on it was a citizen at the birth |
| Parent document, later group | The parent’s citizenship certificate; or the parent’s Australian birth certificate if born before 20 August 1986; or, if the parent was born on or after that date, a grandparent’s certificate or birth certificate |
Citizenship by birth is automatic. An evidence application records it: under section 37 the Minister may give a notice, after satisfying identity, that is prima facie evidence of the citizenship. Applications are made in ImmiAccount.
What about overseas birth, adoption or statelessness?
| Situation | Route | Boundary |
|---|---|---|
| Born overseas | Descent, s 16 | A separate application route |
| Adopted | Section 13 (automatic), or Subdivision AA | Hague Convention and bilateral adoptions apply for citizenship under Subdivision AA |
| Born in Australia and stateless | Home Affairs’ stateless route | Home Affairs says birth on or after 1 July 2007; cost nil |
What if evidence is refused?
A refusal to give a section 37 notice can be reviewed by the Administrative Review Tribunal (ART) under section 52(1)(g). Read the decision notice for the date.
The Administrative Review Tribunal Act 2024 s 18 says the period is set by the rules and cannot end before 28 days after the decision. Other legislation may set a different period.
Court review and ministerial intervention are separate and not covered here.
Related entries
| Entry | Go to | About |
|---|---|---|
| R-04 | how to prove Australian citizenship | Documents Home Affairs lists |
| R-01 | citizenship by descent | Born overseas instead |
| R-03 | evidence of citizenship notice | The section 37 notice and refusals |
| R-09 | Citizenship Act 2007 sections | The provisions in order |
| Home | Australian Citizenship Lawyer | Enquire |
When to ask a lawyer
A birth claim usually fails on records, not on the rule: a parent's status on the day of birth, or ten years of residence, has to be shown on paper. Where the parent's status is unclear, the records conflict or an evidence application has been refused, Australian Migration Lawyers can assemble and test the proof before it is lodged, which makes a clean outcome more likely.