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Citizenship Act 1979

LAWS OF KIRIBATI
REVISED EDITION 1979

CHAPTER 8A

CITIZENSHIP

ARRANGEMENT OF SECTIONS

Section

PART 1

PRELIMINARY

1. Short title
2. Interpretation

PART II

CITIZENSHIP COMMISSION

3. Establishment of Citizenship Commission
4. Provisions with respect to Commission.

PART III

CITIZENSHIP BY ADOPTION AND NATURALISATION

5. Application of Part III
6. Citizenship by adoption
7. Citizenship by naturalization

PART IV

LOSS AND RENUNCIATION AND REGAINING OF CITIZENSHIP

8. Loss of citizenship
9. Renunciation of citizenship
10. Regaining citizenship

PART V

GENERAL

11. Certificate of Citizenship
12. Regulations
13. Registers

SCHEDULE
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Act 1 of 1979

AN ACT TO MAKE PROVISION FOR THE ACQUISITION OF CITIZENSHIP OF THE-REPUBLIC OF KIRIBATI, FOR THE LOSS, RENUNCIATION AND REGAINING OF THAT CITIZENSHIP, FOR THE ESTABLISHMENT Of A CITIZENSHIP COMMISSION, AND FOR MATTERS RELATING THERETO

Commencement: 6^th December 1079

PART I

PRELIMINARY

Title

1. This Ordinance may be cited as the Citizenship Act 1979.

Interpretation

2.(1)- in this ordinance, unless the context otherwise requires –

"Commission" means the Citizenship Commission established by section 3;

"Child" means person who is not of full age;

"citizen" means a citizen of Kiribati;

"I,-Kiribati. Descent" means a person one of 'Whose -ancestors was

born in Kiribati before 1900

"Independence day" means the 12th July 1979;

"oath of allegiance" means the oath of allegiance prescribed by law

(2) For the purpose of this Ordinance -

(a) a person is of full age if he has attained the age of 18 years; and

(b) a person is of full capacity if he is not a mentally disordered or defective person, so found and not discharged as sane, under this provisions of any law relating to mental treatment.

PART II

CITIZENSHIP COMMISSION

Establishment of Citizenship Commission

3. There is established by this Act a Commission to be known as the Citizenship Commission

Section in respective of Commission

4. The Schedule to this Act applies to and with respect to the Commission.

PART III

CITIZENSHIP BY ADOPTION AND NATURALIZATION

Adoption of Chapter III

5. This Part applies only to the case of a person who is not, or who is no longer, eligible to become a citizen by virtue of Chapter III of the Constitution.

Citizenship by Adoption

6. A child adopted under the provisions of any law relating to the adoption of children on or after the commencement of this Act, who is not a citizen on the date of the adoption, becomes a citizen on that date if the adopter or in the case of a joint adoption the male adopter, is a citizen on that date.

Citizenship by Naturalization

7(1) A person of full age and fall capacity may apply in the prescribed manner to the Commission to be naturalized as a citizen.

(2) Where, on an application made pursuant to subsection (1), and as a result of such inquiries (if any) as the Commission may cause to be made, the Commission is satisfied that the person making the application -

(a) is, on the date of application, and has been, during the period of 7 years immediately prior to that date ordinarily resident in Kiribati;

(b) intends to continue to reside in Kiribati;

(c) is of good character,

(d) unless prevented by physical or mental disability, is able to speak and understand Kiribati sufficiently for normal conversational purposes;

(e) has a respect far the customs and traditions of Kiribati;

(f) has the means of support for himself and his dependants;

(g,) has a reasonable knowledge and understanding of the rights privileges, responsibilities and duties of citizenship;

(h) has renounced in the -prescribed manner any citizenship which he may possess; and

(i) has taken and subscribed to-the oath of allegiance, then the Commission may grant the application, but otherwise shall refuse it.

(3) Subject to subsection (4), where, in his application, a male applicant requests that-

(a) his wife (not being a citizen);

(b) any child of his named in the application; or

(c) both his wife and any such child,

shall become a citizen or citizens by naturalization, any person to whom the application so relates shall become such a citizen when, pursuant to the application, the applicant becomes a citizen by naturalization.

(4) A wife shall not become a citizen pursuant to subsection (3) unless there is included in the application concerned a statement by her that she wishes to become a citizen,

(5) When an application under subsection (I) is granted, the Commission sham cause to be issued to the applicant and to any person who will also become a citizen pursuant to subsection (3) a certificate, of naturalization in the prescribed form.

(6) A person to whom a certificate of naturalization is issued becomes naturalized as a citizen with effect from the date stated is the certificate.

(7) For the purposes of this section, the date of an application is the date on which it is lodged with the Commission.

(8) For the purpose of determining the period of residence of any person in Kiribati, any period during which the person has been in custody under sentence awaiting deportation or removal from Kiribati shall be disregarded.

(9) Where a person applying under this section is a person who has loot or renounced his citizenship, any period o£ residence in Kiribati before he lost or renounced his citizenship shall be disregarded for the purpose of determining his period of residence in Kiribati.

PART IV

LOSS AND RENUNCIATION OF AND REGAINING OF CITIZENSHIP

Loss of Citizenship

8.(1) A citizen, who is other than of I-Kiribati descent, who has reached full age and is of full. capacity, who becomes a citizen after Independence Day and who –

(a) obtains the nationality or citizenship of another country by a voluntary act (other than marriage);

(b) exercises a right that is exclusive to nationals or citizens of another country, unless the Minister is satisfied that the right was exercised inadvertently;

(c) takes an oath or makes a declaration or affirmation of allegiance to another country or to the Sovereign or Head of State of another country;

(d) does, agrees to or adopts any act (other than marriage) by which he becomes a national or citizen of another

(e) enters or serves in the armed forces of another country, except with the express approval of the Beretitenti, acting in accordance with the advice of Cabined; or

(f) except as permitted by any law, votes in a national provincial, state or local election, or accepts elective office, of another country,

loses his citizenship.

(2) A person who is found by a court to have obtained citizenship by any false representation, fraud or concealment of a material fact on his part loses his citizenship, unless the Minister is satisfied that the offense was of a minor nature and that revelation,

(3) The provisions of this section do not apply to any act done under compulsion of compulsion of another country.

Renunciation of Citizenship.

9. (1) Subject to subsections (2) and (3), a citizen who is of full age and full capacity may, in the prescribed manner, renounce his citizenship.

(2) A person may not renounce his citizenship unless -

(a) he already holds some other nationality or citizenship; or

(b) the renunciation is for the, purpose of his obtaining some other nationality or citizenship.

(c) During a time of war, citizenship may not be renounced without the prior consent of the Minister.

Regaining Citizenship

10. (1 ) This sections applies to a woman –

(a) who is a citizen;

(b) who married a person who is a national or citizen of another country; and

(c) who becomes by or during the marriage a national or citizen of the country of which her spouse was at the time a national or citizen, .

(2) A woman to whom this action applies may make application in the prescribed manner to the Commission to regain her citizenship and the Commission, if satisfied that she is such a woman and that bar marriage has broken down, may grant the application but otherwise shall refuse it.

(3) Where the Commission grants an application under this section the applicant thereupon becomes a citizen.

PART V

GENERAL

Certificate of Citizenship

11(1) A person whose status or entitlement in relation to citizenship was, is, or may be in doubt may apply to the Minister for a certificate under this section.

(2) If the Minister is satisfied that the applicant was, is, or is entitled to become a citizen he may grant a certificate stating that the person is or may become, a citizen by virtue of a provision specified in the certificate.

(3) A certificate given pursuant to this section is evidence that on the material date the person concerned was, is, or may become a citizen in accordance with the terms of the certificate.

Regulations

12. The Minister may make regulations prescribing all matters that are required or permitted by this Act to be prescribed for carrying out or giving effect to this Act.

Register

13. The Minister shall cause to be kept and maintained a register or registers, in such form as he deems appropriate, in which shall be recorded the particulars -

(a).of any person who becomes a citizen pursuant to this Act; and

(b) of any person who has lost, renounced or regained his citizenship under this Act.

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SCHEDULE

(Section 4)

CITIZENSHIP COMMISSION

Membership

1. The Commission shall consist of not lose than five or more than seven members who shall be appointed by the Minister.

2. The Minister shall appoint a member of ha Commission to be Chairman of the Commission.

Tenure of office, etc.

3.(1) Subject to this Ordinance, a member of the Commission holds office for such period (not exceeding throe years) as is specified in the instrument of his appointment.

(2) A member of mho Commission is eligible for reappointment.

(3) The composition of the commission shall be notified in the Gazette from time to time.

Eligibility

4(1) A person is not eligible to be appointed as a somber of the Commission unless he is a citizen. (Otherwise than by naturalization).

(2) A person who has attained the age of seventy years is not eligible to be appointed as a member of the Commission

(3) A person shall not be appointed as a member of the Commission for a period beyond the date on which his will attain the age of seventy yours.

Resignation

5. A member of the Commission may resign his office by waiting under his hand delivered to the minister.

Removal from office

6. The Minister may remove from office a member of the Commission at any time

Functions

7. The Commission shall exercise and perform such powers and duties as are conferred or imposed on it by this or any other Act.

Directions by Minister

8.(1 ) The Minister may give to the Commission directions (not inconsistent with this Act) of a general nature with respect to the exercise of a power or the performance of a duty of the Commission, and the Commission shall comply with any such direction.

(2) The Minister bay, by instrument in writing, require the Commission to advice him on any matter relating to or concerning citizenship, Arid the Commission shall comply with the requirement.

Meetings

9. (1) .- The Commission shall hold such meetings as are necessary for the purpose of exercising or performing its functions.

(2) Questions arising at a meeting of the Commission shall be determined by a majority of votes by members present and voting.

(3) The Minister may make rules with respect to the convening and conduct of meetings.'

(4) Subject to any such rules, the Commission may determine its own procedure with respect to the convening and conduct of meetings.

Remuneration, etc

10. Members of the Commission (not being public officers) shall be entitled to such remuneration and expenses as the Minister may from time to time prescribe.

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