5. Definition of Sudanese by descent.
(1) A person born before the commencement of this Act shall be a Sudanese by descent, if –
(a) (i) he was born in the Sudan, or his father was born in the Sudan; and
(ii) he, at the coming into force of this Act, is domiciled in the Sudan, and has been so domiciled since the first day of January, 1924 or else whose ancestors in the direct male line since that date have all been domiciled; or
(b) has acquired and maintained the status of a Sudanese by domicile under section 3 (a) of the Definition of Sudanese Ordinance, 1948;
Provided that a person who and whose father were neither of them born in the Sudan, may, if he satisfies the requirements of subparagraph (ii) of paragraph (a) apply to the Minister for an order that he be deemed to be a Sudanese by descent, and the Minister in his discretion if he thinks fit in any case may order accordingly.
(2) A person born after the commencement of this Act, shall be a Sudanese by descent if his father is a Sudanese by descent at the time of his birth.
(3) A person born to parents who are Sudanese by naturalization shall be a Sudanese by descent, if his parents have obtained the Sudanese nationality by naturalization before his birth.
A person who is or was first found as deserted infant of unknown parents shall, until the contrary is proved, be deemed to be a Sudanese by descent.
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