Ang Kalatas February 2018 Issue | Page 9

IMMIGRATION Citizenship by descent I WAS recently consulted by an Australian about his wife giving birth to a child in the Philippines, and he now wants to bring the child to Australia with an Australian passport. This is a case where the parent will file an application for Australian citizenship by descent which is governed by the Citizenship Act of 2007, provided one or both of the child’s parents are Australian citizens at the time of the child’s birth. The Australian Embassy in the Philippines requires that apart from the requirements of the Citizenship Act outlined below, the mother shall submit: (a) an ultrasound pictures and report; (b) hospital bill or discharge record and (c) photos of the mother during pregnancy and another photo of the child with both parents as proof that the mother conceived the child and actually delivered the baby. These documents will obviate the child and the Australian parent being subjected to DNA testing which is required by the decision maker in some circumstances. To facilitate early processing of the application, it is suggested that www.kalatas.com.au By ATTY. JESSIE ICAO the responsible parent will lodge the application on-line, unless the applicant will apply in paper using form 118. The child’s parent will collate the following documents which will be notarised by a lawyer to be uploaded to the application: Child under six years old requirements: l Birth certificate which will indicate the name, date of birth and gender issued by the Philippines Statistics Authority (PSA). l Two passport photographs with notation at the back: This is a true photograph of (the child) and signed by an Australian citizen who has known the applicant for at least one year or if the child is overseas - I suggest that the declaration be signed by a lawyer who is not related to the child and will provide contact telephone number. l Filing fee as of this writing is $230. l Completed form 1195 (identity declaration) for on-line application. Additional documents if the child is over the age of 16 at the time of application: Complete form 80. l Police clearance issued by the National Bureau of Investigation if the child is 18 years or over. l Current residential address. l Parents requirements: l Australian passport of either parent showing photo page of incoming/ outgoing stamps to confirm the location of the parents at the time of conception. l Driver’s licence. l Credit card or utilities bill as evidence of current residential address. It is further suggested the evidence during conception and after delivery must be submitted to avoid refusal of the application. The Citizenship policy promulgated on 1 June 2016 provides a guidance on the interpretation and evidence required for this application. Chapter 20 (pages 214-2150 of the policy sets out evidence such as: the nature of the relationship between the claimed parents, travel movement for the claimed parents around the date of conception, the applicant’s birth, registration and the chain of birth record and proof of similarities between the applicant and claimed parent. The decision in the case of Brinkman and Minister for Immigration and Border Protection (Citizenship) [2016] AATA 716 (16 September 2016) is a good case as this involves an Australian married to a Filipina wife where the refusal of the decision by the Department of Immigration and Border Protection was affirmed by the Administrative Appeals Tribunal as there was insufficient evidence of parental relationship prior to birth of applicant and evidence fails to establish positive biological parenthood. n JESSIE ICAO is a practising solicitor in the State of New South Wales and registered migration agent since 1993 (MARN 9367993). He is admitted as a lawyer in the Philippines. The information provided is of general nature and cannot be relied in its entirety. I suggest that you consult a registered migration agent or refer to the relevant law. AK NewsMagazine, Vol 8 No 5 | FEBRUARY 2018 09