Can I Hold Dual Citizenship in Papua New Guinea?

Dual citizenship in Papua New Guinea is possible, but it is an exception granted case by case, and it comes at a defined constitutional price.

Section 64(1) — the starting point

The phrase “real foreign citizenship” is important. Section 64(11) provides that a person who, immediately before Independence Day, was an Australian citizen or Australian Protected Person by virtue of birth in the former Territory of Papua, or birth in the former Territory of New Guinea with registration under section 11 of the Australian Citizenship Act 1948–1975, and who was never granted a right (revocable or not) to permanent residence in Australia, has no real foreign citizenship.

The two routes to approval

Section 64(2) — an existing citizen who wants a foreign citizenship. A citizen may apply to the Minister responsible for citizenship matters to hold citizenship of a prescribed country while holding PNG citizenship. To be eligible under section 64(4), the citizen must demonstrate that a prescribed country will grant them citizenship, and state the reasons why they want it.

Section 64(3) — a foreign citizen who wants PNG citizenship. A citizen of a prescribed country who would otherwise be qualified under section 65, section 66 or section 67 may apply to be a citizen. Under section 64(5) they must be so qualified, and must specify the reasons why they want PNG citizenship while still holding the other.

In both cases the Minister decides in his deliberate judgement, but subject to Division 4 (Citizenship Advisory Committee).

What is a “prescribed country”?

Section 64(7): constitutional regulations shall prescribe the countries in respect of which dual citizenship is permitted. Dual citizenship is therefore not available with every country — only with those prescribed. This list is set by regulation and can change, so confirm the current position with the Immigration and Citizenship Authority before making any decision that depends on it.

The Committee’s veto

Under section 76(1), the Minister must refer the matter to the Citizenship Advisory Committee and receive its advice before taking any action. Under section 76(6), a recommendation of the Committee unanimously made not to grant citizenship or dual citizenship shall not be rejected. If the Minister declines to follow non-unanimous advice, section 76(2) requires him, on request, to give Parliament a statement of reasons — and Parliament may reverse the decision.

Section 64(8) — approval can be recalled

The Minister may, in his deliberate judgement and subject to the Committee, recall and cancel an approval if, after it was granted, circumstances exist which were not known at the time, or which are new as a result of change since approval, and which would have meant approval was not granted.

Sections 64(9) and (10) — the age-19 rule

Section 64(1) does not apply to a person who has not yet reached the age of 19, provided that before reaching that age, and in the manner prescribed by or under an Act, they renounce their other citizenship and make the Declaration of Loyalty.

What a dual citizen cannot do

The Constitution reserves several rights to citizens who do not hold dual citizenship:

• Section 50(1)(ba) — a person with dual citizenship of another country is excluded from the right to vote and stand for public office.
• Section 56(1) — only citizens other than dual citizens may vote in elections for, or hold, elective public offices, or acquire freehold land.
• Section 51(1) — the right of reasonable access to official documents belongs to citizens other than those with dual citizenship.
• Section 56(3) — an Act may reserve further rights and privileges on the same basis.

Section 56(2) allows an Act to define which offices count as elective public offices, what forms of ownership count as freehold, and which corporations are to be regarded as citizens.

Acts that cause loss of citizenship

Section 70 sets out acts by which a citizen of voting age and full capacity automatically loses citizenship — obtaining another nationality by a voluntary act other than marriage, swearing allegiance to another country, serving in another country’s armed forces without approval, voting or accepting elective office in another country, and others. Each is expressed as subject to section 64: an approval under section 64 is what prevents those consequences. See losing and regaining citizenship.