[Page 1.]

[Stamped in blue ink at top and bottom of page:] CONFIDENTIAL

[Letterhead in red ink:] PRIME MINISTER'S DEPARTMENT

57/5029

[Underlined:] THE PRIME MINISTER:

[Underlined heading:] Conditions of Entry to and Stay in Australia of Persons of non-European Race.

For background. Policy on the matter is governed by Cabinet decisions of 10th July, 1956, and 11th June, 1957. The 1956 decision modifies existing conditions of entry and stay of non-Europeans along lines proposed by the Minister for Immigration. The conditions as then laid down are summarized in the attached statement. They represented a slight change of policy, mostly in the direction of regularizing the position of Chinese already resident here.

In the 1957 decision Cabinet agreed that Asians residing in Australia under Certificate of exemption should be allowed to remain without extension of their certificates, and be regarded as eligible to apply for naturalization, if they have lived here for fifteen years and have fulfilled the other conditions also noted in the attachment (see last paragraph, p.3).

Our files do not disclose any modifications of these rules and the Department of immigration still regards them as its charter. There is, of course, a degree of discretion vested in the Minister, and he exercises it - for instance, in the case of the Burghers of Ceylon, persons of mixed race but predominantly European in appearance, who have been admitted somewhat more freely as their treatment in Ceylon has deteriorated.

[Illegible handwritten signature.]

8th May, 1963.

[Handwritten addition:] Noted

RM

[Stamped in red ink:] 18 MAY 1963

[Handwritten addition:] Mr Orrerd. [Illegible initials.] 20/5

[Page 2.]

[Stamped 'CONFIDENTIAL' at top and bottom of page.]

[Underlined heading:] CONDITIONS OF ENTRY TO AND STAY IN AUSTRALIA OF PERSONS OF NON-EUROPEAN RACE[.]

[Underlined subheading:] A. NON-EUROPEANS OTHER THAN JAPANESE AND PERSONS OF MIXED RACE[.]

Merchants [underlined] are admitted who are able to carry on overseas trade to the value of £10,000 per annum. The Minister may exercise a discretion to admit merchants disadvantaged by import licensing policy which may prevent them achieving such an amount.

Assistants [underlined] for non-Europeans admitted to engage in overseas trade must be shown to be necessary because of the distinctive character of the business.

Assistants [underlined] for Australian firms trading with the East or Pacific Islands may be admitted if required to foster trade (e.g., for correspondence in Chinese).

Assistants [underlined] for firms conducted by non-Europeans and engaged in local trade only are not admitted except in cases where it is shown that an imported assistant is required because of the distinctive nature of the business.

Assistants [underlined] for Chinese cafes are admitted on the basis of one assistant, cook or chef for £5,000 of annual turnover.

Assistants [underlined] for market gardeners and other primary producers are not admitted except in cases of real need.

Substitutes [underlined] for local traders and primary producers are not admitted for permanent stay except in cases of real necessity. Temporary substitutes are admitted for stays of up to two years.

Persons already here [underlined] are allowed extensions of stay on the basis of the above rules. No replacements are allowed as mentioned above.

Wives and children [underlined] of overseas traders, local traders, assistants [underlined in pen, with question mark written in margin,] and substitutes are admitted and may stay as long as the husband is permitted to stay.

Spouses of Australian citizens [underlined] are admitted provided they are of some standing and education and would have no difficulty in adapting themselves in a European community.

Fiancees [underlined]. A non-European who, if married would be eligible to bring his wife here may bring his Asian fiancée.

Aged mothers [underlined], over 50 years of age, of Australian born or domiciled Asians, and aged widowed mothers of Asians under exemption are admitted.

Indonesians for commercial training [underlined] with Australian firms are admitted for two years, subject to necessary safeguards.

Governesses and maidservants [underlined] are admitted for merchants whose overseas trade amounts to £20,000 per annum. In special

[Page 3, numbered '2.' Stamped 'CONFIDENTIAL' at top and bottom of the page.]

[In special] cases other non-Europeans of high-standing are eligible to introduce governesses, at the discretion of the Minister or Secretary.

Business or tourist visitors [underlined] are admitted for business visits, if they are executives of business houses engaged in substantial overseas trade; or as tourists if of good standing and with sufficient funds. Re-entry to the country of domicile must be assured.

Persons already admitted [underlined] who refused to abide by the conditions of their entry, prior to the 1956 decision were usually warned and if they failed to heed, action was taken to force their departure (if this was possible and not made undesirable by humanitarian aspects).

A more liberal attitude is now adopted towards non-Europeans already here.

[Underlined subheading:] B. JAPANESE

There is no discrimination against Japanese, other than that those who would be disqualified by their war records or other factors are excluded. They are subject to the same restrictions as other Asians.

[Underlined subheading:] C. PERSONS OF MIXED RACE

These persons must satisfy the Department of Immigration that they are of 75% European origin; they must be predominantly European in appearance; and they must be European by education or upbringing. The parents and young (under 16) brothers and sisters of permanent residents of Australia may be exempted from the requirement of predominantly European appearance, in cases where circumstances warrant this and at the discretion of the Minister.

The rules do not apply to the spouses of British residents of Australia who are admitted irrespective of race.

[Underlined heading:] ENTRY OF DISTINGUISHED OR HIGHLY-QUALIFIED NON-EUROPEANS

Categories of persons admitted are –

(a) Asian or Pacific nationals fitted to fill professional or high grade technical positions for which qualified local residents are not available;

(b) Those who have taken educational courses in Australia, have spent at least five years in their own countries subsequent to the completion of their courses, and have proved qualifications from which the Australian community would benefit;

(c) Persons possessing outstanding cultural or other attainments which would be an asset to this country;

(d) Persons with substantial capital which they are prepared to invest in Australian commerce or industry and which would be used to develop Australian export trade,

[Page 4, numbered '3.' Stamped 'CONFIDENTIAL' at top and bottom of the page.]

particularly in Asian and Pacific countries. In this case, the term "substantial capital" is interpreted in its narrow sense, intended to mean that the individual concerned has at his disposal, sufficient means to enable him to establish or engage in business on a scale that would produce results of real economic value to the Commonwealth. Persons wishing to invest substantial sums in already existing business but who would not assist in the further development of Australian industry, would not be covered by this heading;

(e) Asian and Pacific nationals of good standing who wish to secure training with established Australian firms of standing in Australian business methods;

(f) Asian and Pacific nationals with a good educational background who wish to secure specialised training in techniques that would afford them opportunities to assist in the development of industry in their own countries but which is not available to them in their homeland;

(g) Asians otherwise distinguished in Government, the professions or international or humanitarian service.

[Underlined heading:] NATURALIZATION OF NON-EUROPEANS ALREADY PERMANENTLY SETTLED IN AUSTRALIA

Naturalization may be granted to the limited number of non-Europeans who already have permission to stay in Australia, without any restriction under the Immigration Act.

These non-Europeans comprise –

(a) people who arrived before Federation, or who since then have been admitted without restriction under the Immigration Act (e.g., children born abroad of non-Europeans domiciled in Australia);

(b) persons who, having been admitted (since Federation) under restrictions in the first instance (as merchants, etc.) have since been allowed to remain without applying for periodical extension of their stay.

There can also arise circumstances in which it may be in the national interest to grant citizenship to a non-European not included in (a) or (b) above. The Minister has a discretion to grant naturalization to non-Europeans not covered in these two groups, in exceptional circumstances where he considers naturalization to be justified.

[Underlined heading:] GRANT OF PERMANENT RESIDENCE AND CITIZENSHIP TO ASIANS UNDER IMMIGRATION RESTRICTIONS

Asians who have had long residence in Australia under certificates of exemption are allowed to remain without extension of their certificates, and be regarded as

[Page 5, numbered '4.' Stamped 'CONFIDENTIAL' at top and bottom of the page.]

eligible to apply for naturalization, if they –

(a) have lived in Australia for 15 years after being lawfully admitted;

(b) have been of good character;

(c) have not wilfully and without official permission disregarded the conditions of their admission;

(d) have an adequate knowledge of English; and

(e) have taken a part in normal Australian life.