Sydney: The Australian High Court today (Sep 9, 2004) ruled that a child born in the country to two Indian asylum seekers was not a citizen of Australia, sealing the fate of six-year-old Tania Singh.

In a 5-2 majority verdict, the Court dismissed the Indian family's challenge to a federal law that says Tania is not Australian.

Australia is one of the few countries, where citizenship is not granted by birth. The verdict in the Singh v/s Commonwealth of Australia case will have a far-reaching impact on migrants born in Australia.

Tania and her family have 28 days, unless the Minister for Immigration intervenes and extends the family's period of stay in Australia, to leave the country.

Under the law, which Tania's father argued was unconstitutional, a baby born in Australia must have at least one parent who is Australian or a long-term resident of the country to automatically qualify for citizenship.

The young girl's parents, Malkiat and Sarabjeet Singh had arrived in Australia on a business tourist visa with their two-year-old son from Punjab in 1997. Once in the country, they applied for protection visas as refugees. Tania was born in Mildura in the State of Victoria in February 1998.