PANAJI: With collectors designated as authorities to take decisions in matters pertaining to dual citizenship issue and decide whether the applicant has ceased to or still continues to be an Indian citizen, all eyes are on public servants including elected representatives in panchayats, municipalities and members of legislative assembly like Aldona MLA Glenn Ticlo and Benaulim MLA Caetano Silva as well as employees in various government departments.
The state government expects public servants who have registered their birth with the central registry of Lisbon to “voluntarily” appear before the concerned collector to prove that they are still Indian citizens.
As per a decision taken at a high-level meeting convened by the Joint Secretary of Union Ministry for Home Affairs (Foreigners and Citizenship Division) in New Delhi on Monday, those persons who have registered birth in Portugal would have to appear before the collector if they wish to get back their Indian citizenship. The meeting was attended by senior officials from state’s home department and NRI Commission of Goa.
The applicant will have to provide evidence and swear by an affidavit that he or she has not voluntarily acquired Portuguese citizenship as per the schedule III of the Citizenship Rules, 2009.
According to this rule, the applicant has to prove that he has not migrated to a foreign country with the intention of making it his permanent home or for taking up permanent residence in that country.
The state officials, who attended the meeting, said that MHA will within two weeks issue a notification appointing district collectors as designated authority to decide on individual applications and connected matters in terms of the Citizenship Act 1955 and rules of 2009.
“The individual applicant appearing before the concerned collector will have to prove that he is an Indian citizen and has not voluntarily acquired foreign citizenship. He also has to swear an affidavit that he has been employed in India and has traveled to foreign country for not taking up permanent residence and holds no property in that country. However, it will be sole liability of the applicant to prove that he has not acquired such citizenship,” the official said.
To a question, he said that there is no need to amend the Indian Citizenship Act 1955 to ensure that no citizen of India shall be deemed to have lost his citizenship merely on grounds of his or her availing the facility conferred by the order enacted by Portuguese government because the central government is firm on its decision to constitute an authority to resolve the matter of dual citizenship once and for all.
However, with no records available with the government agencies on number of Goans who have registered their births in Lisbon and obtained Portuguese passport, the officials are unsure whether these people will approach the authority to get their dual citizenship matter resolved.
The citizenship rule 2009 says that a citizen of India who has obtained on any date a passport from the government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country however there was no provision in the Act to suggest that just registering birth in foreign countries the person ceases to be a citizen of India.
Notably, Consul General of Portugal in Goa Dr Rui Carvalho Baceira had reportedly said that anyone whose name is registered in the Central Registry of Lisbon is a Portuguese according to the country’s laws. However, to seek benefits as a national of Portugal, the person has to obtain Cartão de Cidadão, the citizen card.