What criteria does Article 15A use for granting citizenship?

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Article 15A Empowers Federal Government with Discretionary Citizenship Granting

Article 15A of the Federal Constitution grants the federal government the authority to register individuals under 21 years old as citizens under "such special circumstances as it thinks fit." This provision allows for a discretionary approach in citizenship applications, particularly for minors, where specific conditions are not rigidly defined but are determined by the government's assessment of the situation.
Special Circumstances are Governmentally Determined

The legal framework established by Article 15A does not enumerate specific criteria or a prescriptive list of "special circumstances." Instead, it vests the power of determination with the federal government, implying that each case is evaluated on its individual merits. This was exemplified in the recent case where three stateless children were granted citizenship shortly before a Federal Court hearing, with the Home Minister making the final decision.
Discretionary Power Exercised in Recent Cases

In a notable instance, the Home Minister granted citizenship to three stateless children, aged 17, 16, and eight, under Article 15A. This decision was communicated the evening before their scheduled Federal Court hearing, leading to the withdrawal of their cases. The citizenships were confirmed through letters signed by an officer from the National Registration and Organisations Department.
Rejection and Approval Process Under Article 15A

The application process under Article 15A can involve both rejection and subsequent approval. For instance, one of the children had his citizenship application initially rejected in October 2013, but this decision was later cancelled and the application approved in February 2019. Similarly, two other adopted boys had their applications rejected in November 2018, only to have these rejections revoked and their applications approved in February 2019, with no reasons provided for the initial rejections.

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What criteria does Article 15A use for granting citizenship?

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