Who Is an Automatic Citizen of Papua New Guinea?

Part IV of the Constitution deals with citizenship, and it begins with the category that determined who was a Papua New Guinean at Independence.

Section 65(1) — the basic rule

Three elements: born in the country, born before Independence Day (16 September 1975), and two grandparents born in the country or an adjacent area. Citizenship under this subsection is automatic — it required no application, no certificate and no ceremony.

What “adjacent area” means

Section 65(3) defines it as an area that immediately before Independence Day constituted:

• the Solomon Islands;
• the Indonesian province then known as Irian Jaya; or
• the islands in Torres Strait annexed to the then Colony of Queensland under Letters Patent of 1878,

not forming part of the area of Papua New Guinea on Independence Day. The definition reflects the reality that families and language groups straddle those borders.

Section 65(2) — born outside the country

A person born outside the country before Independence Day with two grandparents born in the country became a citizen as from Independence Day if:

1. (a) within one year after Independence Day — or such longer period as the Minister responsible for citizenship matters allowed in a particular case — application was made for registration as a citizen; and
2. (b) the person renounced any other citizenship and made the Declaration of Loyalty.

Note the narrower grandparent test here: born in the country, not “in the country or an adjacent area”. See the Declaration of Loyalty for its exact form.

Section 65(4) — who was excluded

Subsections (1) and (2) did not apply to a person who:

• (a) had a right (revocable or not) to permanent residence in Australia; or
• (b) was a naturalized Australian citizen; or
• (c) was registered as an Australian citizen under section 11 of the Australian Citizenship Act 1948–1975; or
• (d) was a citizen of a country other than Australia,

unless the person renounced that right or status under section 65(5) — within two months after Independence Day, in the manner prescribed by law — and made the Declaration of Loyalty.

Section 65(6) allowed the Minister, in his deliberate judgement and subject to the Citizenship Advisory Committee, to extend the two-month period where just to do so — but not beyond a further two months unless satisfied the applicant assumed in error that they were a citizen, did not know they were not, or had no reasonable opportunity or enough time to determine their status.

Proving your status — section 81

Where a person’s status or entitlement is, or may be, in doubt, section 81 allows an application to the Minister for a certificate as to citizenship. If satisfied that the applicant is, or is entitled to become, a citizen, the Minister may grant a certificate stating that.

Subject to section 76, such a certificate is — unless proved to have been obtained by false representation, fraud or concealment of a material fact — conclusive evidence that on the material date the person was, is or may become a citizen in accordance with its terms.

Special cases in Division 5

• Foundlings (s 77(1)). A foundling discovered in the country is, in the absence of proof to the contrary, deemed to be the child of parents at least one of whom was, or would have been, a citizen.
• Unknown parentage (s 77(2)). Where the identity or citizenship status of a parent of a child born in the country is unknown or doubtful, the parent is deemed, absent proof to the contrary, to have been a citizen.
• Posthumous children (s 77(3)). A posthumous child has the status they would have had if born immediately before the father’s death.
• Adoption (s 78). Status is determined by reference to the natural parents or grandparents — but the Minister may allow an adoptive parent or grandparent to be taken into account where the result would be to recognise citizenship or entitlement to it. This expressly includes adoption by custom; see customary adoption.
• Ships and aircraft (s 79). Birth on a registered ship or aircraft is deemed to occur at the place of registration.
• Residence (s 80). A residence requirement is not satisfied by residence in custody under sentence awaiting deportation or removal, or by residence as an unlawful immigrant.