Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J
35.
Mr Fransman's advice concerning the law governing British citizenship in its application to Senator Nash forms part of the evidence on the reference. In summary, before 1949, the primary form of British nationality was British subject status. Under the British Nationality and Status of Aliens Act 1914 (UK)[1], any person born within the King's dominions and allegiance was deemed to be a natural-born British subject. Following the unification of England and Scotland, Scotland formed part of the Crown's dominions and, generally, birth within the Crown's dominions entailed allegiance to the Crown. Senator Nash's father was born within the Crown's dominions and allegiance and was a natural-born British subject. The British Nationality Act 1948 (UK)[2] ("the BNA 1948") made the primary form of British nationality "citizenship of the United Kingdom and Colonies". On its commencement, Senator Nash's father was reclassified as a citizen of the United Kingdom and colonies. The BNA 1948 distinguished between citizens of the United Kingdom and colonies by descent and otherwise than by descent. Senator Nash's father was a citizen of the United Kingdom and colonies otherwise than by descent. His nationality was unaffected by his marriage to an Australian or his migration to Australia.
On 1 January 1973, on the commencement of the Immigration Act 1971 (UK) ("the IA 1971"), Senator Nash's father, having been a citizen of the United Kingdom and colonies otherwise than by descent, acquired a new status called "patriality", otherwise known as the right of abode in the United Kingdom[3]. On 1 January 1983, on the commencement of the BNA 1981, the primary form of British nationality became "British citizenship". At that moment, Senator Nash's father became a British citizen otherwise than by descent[4].
As a person who was born a legitimate child outside the United Kingdom and colonies to a father who was a citizen of the United Kingdom and colonies otherwise than by descent, Senator Nash became a citizen of the United Kingdom and colonies by descent at birth[5]. On 1 January 1973, on the commencement of
