Resultados y análisis de la implementación de la secuencia didáctica

independent. This new beginning for Australia resembled the scholarly work of Bosniak and Rubenstein (discussed chapter one), which would come later, but identified that a state provides its citizens with a legal status. Australia was also expressing its desire to clearly separate itself from other British colonies such as Canada, and establish its own identity.

1948 - 1980

The first citizenship laws of Australia in 1948 were an opportunity for the state to develop its own identity. 631 _{Additionally, the laws provided the ability for the state to develop their own}

treaties and define with absolute precision who the individuals that belong to the state will be.632

Not only did these first laws assist in developing the national identity, the citizenship laws also provided continuity to existing British subjects (men and women). Furthermore, the new act enabled women to make their own choice so far as their national status was concerned. Moreover, the new citizenship laws confirmed the legal status of what it meant to be an

Australian citizen, including Aboriginal and Torres Strait Islander people, within the Australian territory. This reinforced the early developments of the concept of citizenship by Locke and Rousseau where laws define the legal status of the inhabitants of a territory.

The legislation underpinned Australia's immigration program and strengthened the nation building exercise.633 _{In the words of the first Minister of Immigration, Arthur Calwell, Australia}

was to 'populate or perish'.634 _{Lord Tweedsmuir stated that the real basis of the legislation was}

that it would provide recognition to a separate identity. He was referring to a separate identity to that of Britain.635 _{By fully recognising the individual identity of each community while}

preserving the common nationality possessed by all, will prove to be a unifying factor between the communities that make up the commonwealth. Importantly, the legislation was an

expression of Australia's identity (common bond, rights, unification, sharing democratic beliefs and upholding the rule of law). This also saw the beginnings of a greater acceptance of

multiculturalism that began to enrich the national identity with the introduction of many different ethnic and religious groups. The creation of Australian citizenship in no way lessens the advantages and privileges which British subjects who may not be Australian citizens enjoy

631 _{Australia, Nationality and Citizenship Bill 1948, Explanatory Memorandum, Department of}

Immigration, 2.

632 _Ibid.

633 _{Arthur Calwell, Parliamentary Debates, House of Representatives, Second Reading Speech of the}

Nationality and Citizenship Bill, 1948, 1060-1065.

634 _Ibid.

635 _{Nationality and Citizenship Bill, 1948, Second Reading Speech, House of Representatives, 30}

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in Australia.636 _{In a similar fashion this bill, by fully and properly recognising the individual}

identity of each Commonwealth community and at the same time preserving the status of a common nationality possessed by all these people, will prove a binding and unifying factor between the various communities comprising the British Commonwealth.

The Commonwealth chose to exclusively regulate for immigration and citizenship under section 52 of the 1948 Citizenship Act, whereby the Act shall apply to the exclusion of any provisions, providing for Australian citizenship of any law of a State.637 _{The new legislation did not}

regulate the activity of aliens entering the Australian territory. The Act came into effect on 26 January 1949. Up until this point, the status of British subject was shared with various

Commonwealth countries. It is asserted that the former status of British subject was a form of supernational citizenship and similar to supernational citizenship afforded by the European Union, today. However, Australians would retain the status of British subject, and it wasn’t until 1987 that this status would be replaced fully by Australian citizenship law. The Act enabled a person to obtain citizenship by birth, descent, adoption and resumption. A

comprehensive discussion related to each of these principles is outside the scope of this research between 1948 to 1990. Citizenship by registration was also allowed where the Minister could grant a certificate of Australian citizenship to a person, for example, an Irish citizen, or the person resided in Australia or New Guinea for not less than five years. The person was also required to be of good character and have a knowledge of the English language. These criteria still exist today.

Dual citizenship was not accepted and section 17 of the Act specified that any Australian citizen who acquired citizenship of another country would cease being an Australian citizen. As this thesis will demonstrate, the restrictive approach by Australia and Slovenia towards dual citizenship existed until the decade of 2000. Nevertheless, Australia would allow a restricted form of dual citizenship to be held from 1986 to 2002, where it was fully realised. Dual citizenship and the principles for acquiring citizenship exist in Australian law today (discussed

chapter three).

636 _{Arthur Calwell, Parliamentary Debates, House of Representatives, Second Reading Speech of the}

Nationality and Citizenship Bill, 1948, 1060-1065.

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The changing policy of welcoming other ethnic groups was important for the next phase in Australia's growth, while maintaining its historical links to Britain. This was affirmed by the Minister for Immigration Harold Holt in 1950 who stated:

‘we attach importance to ensuring British immigration is first and foremost in order to retain as much as reasonably can the present balance of our population. This is a British community, and we want to keep it a British community living under British

standards and by the methods and ideals of British parliamentary democracy’.638

This was a clear message to the community that the foundation of the Australian identity has been derived from the British. It is argued that the British standards, ideals and parliamentary democracy have been and continue to be an important part of the current day Australian identity expressed by the constitution, citizenship, immigration and private international laws. Harold Holt reiterated the importance of the historical links to Britain stating that Australia had an opportunity to make a nation with basically British characteristics but with a distinctly Australian tradition.639 _{What Holt was arguing was that Australia’s traditional; ‘white’ and}

Christian beliefs had originated in Britain and remained fundamental to Australia’s developing identity.

WWII concluded and Australia strengthened its legislation towards deporting non-citizens. The

Alien Deportation Act 1948 provided the government with power to deport a non-citizen on grounds of bad character and conduct. A Commissioner was established to provide advice on deportations. The Migration Act 1958 would be introduced and effectively adopted the

deportation principles of the earlier Alien Deportation Act 1948. British subjects were absorbed into the community and immune from deportation. However, this was not the case for other non-citizens (immigrants) that were not British subjects or Irish nationals. At the time ‘aliens’ could be deported at any time, whereas ‘immigrants’ could only be deported on the basis of offences or conduct which occurred within the first five years of their entry onto the territory. Thus, immigrants appeared to be immune from deportation following the five-year period elapsing. This was an extension of two years that previously existed under the 1901 immigration laws.640

The Migration Act1958 removed the dictation test. This is an important observation because Australia was taking a far more liberal approach to migration by removing obstacles for new entrants. However, the visa system was introduced, which has grown into a comprehensive framework today (discussed chapter five). Thus, on the one hand Australia was removing

638 _{NAA: A438/1, 1950/7/217, Address to the Australian Citizenship Convention by the Minister for}

Immigration the Honourable Harold Holt, 1950.

639 _{NAA: A445/1, 146/3/3A, Opening Address of Immigration Minister Harold Holt to Citizenship}

Convention, 1952, 1.

640 _{Mary Crock and Laurie Berg, Immigration, Refugees and Forced Migration,Law, Policy and Practice}

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