A person physically born outside Australia whose domicile of origin was deemed to be in Australia by State adoption legislation is not 'born in Australia' for the purposes of automatic citizenship under s 10(1) of the Australian Citizenship Act 1948 (Cth), and the absence of any evidence of biological Aboriginal descent is fatal to a claim of Aboriginality under the tripartite test notwithstanding satisfaction of the self-identification and community recognition elements.
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