Is Asian Nationality As Defined by the Australian Constitution Open Enough For a Law Student to Challenge?

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Kate Hume is an Australian barrister and it’s widely known in the legal profession that she’s European. However, there have been queries as to whether Kate Hume is indigenous. This article sets out to look at some of the facts surrounding Ms Hume’s national origin and whether she is entitled to claim that national identity when marrying an Asian man.

It’s important to understand that in Australia, there are several categories under which someone may be regarded as having Australian nationality. The way that you arrive in Australia is not relevant; your status will determine what you can claim Australian citizenship. For example, if you were born in Australia then you would be a British citizen; alternatively, if you obtained citizenship through the European Union or by becoming a resident of another country then you would be considered an Australian citizen by default. However, if you marry an Asian man, you would be classed as an Asian other than a British citizen – this is because Asia is a part of the Commonwealth of Nations and includes many countries which are members of the Commonwealth, including New Zealand and Australia.

As it turns out, Kate Hume is both a British and a Chinese national. She became a British citizen after completing her education in Australia and then married an Asian man who was also a British citizen by birth. It is possible that she had to complete some level of English education in China prior to marrying her Asian groom but even so, if she completed this while she was still in Australia then it would qualify her to claim Asian Status – regardless of whether she was in China at the time of marriage. Her husband therefore has standing to challenge the Australian citizenship decision should it be challenged by any of her future lawyers.

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