23DSpecial provisions to prevent persons being stateless

#### 23D Special provisions to prevent persons being stateless (1) The Minister shall, upon application made in accordance with the approved form for the grant of Australian citizenship to a person under this subsection and if the Minister is satisfied that the person: (a) was born in Australia; (b) is not, and has never been, a citizen of any country; and (c) is not, and has never been, entitled to acquire the citizenship of a foreign country; register that person as prescribed as an Australian citizen, and the person is an Australian citizen as from the date upon which the registration is effected. (1A) Where the Minister is satisfied that a person has or had reasonable prospects, at a particular time, of acquiring the citizenship of a foreign country if the person were to apply, or to have applied, at that time for the grant of such citizenship, the person shall be taken, for the purposes of subsection (1), to be or to have been entitled to acquire the citizenship of that country at that time. (2) Where the Minister makes a decision under subsection (1) refusing an application and the applicant is present in Australia, the Minister shall cause to be served on the applicant a notice in writing setting out that decision. The notice may be served personally, by post or by an electronic communication. (3) Where: (a) but for this subsection, section 10B would prevent the acquisition of Australian citizenship by a person by reason only of all or any of the following matters: (i) that more than 25 years have elapsed since the birth of the person; (ii) that the requirement set out in sub‑subparagraph 10B(1)(b)(ii)(B) is not fulfilled by either of the persons who were the parents of the first‑mentioned person at the time of his or her birth; (iii) the operation of subsection 10B(2); and (b) the first‑mentioned person is not, and has never been, a citizen of any country; then: (c) the name of the first‑mentioned person may be registered for the purposes of section 10B; and (d) the matter or matters referred to in paragraph (a) does not or do not prevent the acquisition of Australian citizenship by the person under section 10B. (3A) Where, but for this subsection, a person to whom subparagraph 21(1)(a)(ii) applies would, if the Minister were to make an order under subsection 21(1) in relation to that person, become a person who is not a citizen of any country, subsection 21(1) does not apply in relation to that person. (4) Subsection 23(2) does not apply in relation to a child who would, if the Minister were to make an order under that subsection in respect of the child, become a person who is not a citizen of any country.