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Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

126 From 1 January 1983 to date, British nationality law has been principally governed by the BNA 1981, which created three forms of citizenship: British citizenship; British dependent territories citizenship (later renamed British overseas territories citizenship); and British overseas citizenship. All persons who were citizens of the United Kingdom and colonies were reclassified on the commencement of the BNA 1981 within one of the three categories. Generally, those reclassified as British citizens were persons who immediately prior to the commencement of the BNA 1981 were citizens of the United Kingdom and colonies with the right of abode in the United Kingdom. Citizens of the United Kingdom and colonies without the right of abode became British dependent territories citizens if their citizenship was derived from connection with a place which remained a British dependent territory. Remaining citizens of the United Kingdom and colonies without the right of abode were automatically reclassified as BOCs. BOCs were persons who prior to the BNA 1981 were citizens of the United Kingdom and colonies by virtue of a connection with a place that had been a British colony but which had attained independence.

127 The island of Cyprus was annexed by Britain in 1914 and remained a British possession in 1931 when Senator Xenophon's father was born. Senator Xenophon's father was born within the King's dominions and allegiance and was deemed to be a natural-born British subject. On commencement of the BNA 1948, Senator Xenophon's father was immediately reclassified as a citizen of the United Kingdom and colonies otherwise than by descent. The father's status as a citizen of the United Kingdom and colonies without the right of abode was unaffected by his naturalisation as an Australian citizen.

128 Arrangements with respect to nationality were agreed within the framework of the Treaty Concerning the Establishment of the Republic of Cyprus entered on 16 August 1960. Annex D to the treaty, which sets out the arrangements, has the force of law in the United Kingdom by virtue of its inclusion as a Schedule to the British Nationality (Cyprus) Order 1960. Applying the provisions of this Order to Senator Xenophon's father, Mr Fransman advises that the father did not cease to be a citizen of the United