SOLOMON ISLANDS

THE CITIZENSHIP (AMENDMENT) ACT 1997

(NO. 2 OF 1997)

Passed by the National Parliament this twenty first day of May 1997.

Assented to in Her Majesty's name and on Her Majesty's behalf this Tenth day of July 1997.

AN ACT TO Amend the Citizenship Act 1978.

ENACTED by the National Parliament of Solomon Islands.

ARRANGEMENT OF SECTIONS

Section:

1. Short title.
2. Amendment of Section 3 of Act No. 7 of 1978.
3. Amendment of section 8.
4. Amendment of section 9.
5. Amendment of section 11.
6. Repeal of section 11A.
7. Repeal and replacement of section 12.
8. Amendment of section 13.

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Short title.

1. This Act may be cited as the Citizenship (Amendment) Act, 1997.

Amendment of section 3 of Act No. 7 of 1978.

2. Subsection (1) of section 3 of the Citizenship Act (hereinafter referred to as the "principal Act") is hereby amended by inserting immediately after the definition of "citizen" the following -

"citizen by birth" means a person who has become a Solomon Islands citizen by virtue of his birth."

Amendment of section 8.

3. Section 8 of the principal Act is hereby amended in the following respects -

(a) in subsection (2) by deleting the words "other than the female person to whom an application made under subsection 3A relates";

(b) by inserting immediately after subsection (2) the following subsection as subsection (2A) -

"(2A) Notwithstanding that the person making an application under subsection (1) or a spouse of such an applicant fulfilling the requirements of subsection (2), the Commission may on grounds of public policy, public or national interest disallow such an application.";

(c) by deleting subsection 3A;

(d) in subsection (4) by deleting the full stop that appears after the word "citizen" and inserting thereafter the words "and that she has satisfied the requirements of subsection (2);" and

"(e) by deleting subsection (5) and substituting therefore the following new subsection - 

"(5) When an application under subsection (1) is granted, the Commission shall cause to be issued to the applicant and to any person who will also become a citizen pursuant to subsection (3) a certificate of naturalisation in the prescribed form."

Amendment of section 9.

4. Subsection (2) of section 9 is hereby amended in the following respects -

(a) by deleting the comma that appears after the words "loses his citizenship" and substituting therefor a full stop; and

(b) by deleting all the words that appear after the full stop so inserted.

Amendment of section 11.

5. Section 11 of the principal Act is hereby amended by deleting subsection (1) and substituting therefor the following new subsection -

"Regaining of citizen ship.

11. (1) This section applies to a woman who is an indigenous Solomon Islander or a citizen by birth who -

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

(b) becomes on or during the marriage a national or citizen of the country of which her spouse was at that time a national or citizen."

Repeal of section 11A.

6. Section 11A is hereby repealed.

Repeal and replacement of section 12.

7. Section 12 of the principal Act is hereby repealed and the following new section substituted therefor-

"Appeal.

12. (1) An applicant whose application has been refused by the Commission may within 30 days from the date of notification of the Commission's decision, appeal in writing to the Minister in the manner prescribed by regulations.

(2) In determining the appeal, the Minister shall take into consideration the Commission's reasons for the decision and where the Minister disagrees with such decision he shall inform the Commission in writing of his reasons for such disagreement."

Amendment of section 13.

8. Section 13 of the principal Act is hereby amended in the following respects -

(a) by deleting the full stop that appears at the end of that section and substituting therefor a comma; and

(b) by inserting thereafter the following - 

"and in particular -

(a) for the charging of fees and other charges relating to the implementation of the provisions of this Act; and

(b) for controlling or restricting the number of foreign nationals who may be granted Solomon Islands citizenship under section 8 each year."

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