infant's habitual residence is acquired from his or her custodial parents acting within their legal rights since the infant is too young to form any intention as to his or her future residence

2)habitual residence is not defined in the Convention and should be given its natural and ordinary meaning, not treated as a term of art. Whether a person is habitually resident in a place is a question of fact not law. A person may cease to be habitually resident in a place in a single day if he or she leaves with a settled intention not to return but probably cannot become habitually resident in another place in a single day. Presence over an appreciable period of time and a settled intention to remain indefinitely are necessary to establish habitual residence. Finally, where a very young child is in the sole lawful custody of one parent, the child's habitual residence will necessarily be the same as the parents. 

3) in your case infant at time of adoption was habitual resident of India 

You are habitual resident of India and have gone to Australia for study purposes 

It is a settled address of residence where you are residing. In your case it will be inter country. Habitual residence for you is india

Understand the following.

CARA is still working as a nodal agency to the govt. It has not yet obtained any statutory power to have any legal force to its functionings.

CARA registration is as of now optional and shall remain so till amendment to this effect is made in HAMA.

Under HAMA you can adopt any child by proper giving and taking of the child and execution of a legal valid deed to this effect, subject to other provisions of the act. 

It will serve all legal purposes. No authority can challenge such adoption.

Habitual residence means that you live somewhere regularly. A person who is present in a country as a tourist or in transit is not habitually resident in that country.

In India there is no such concept of habitual resident, for Indians, you may be NRI/OCI/PIO/PR or Australian citizen.

-  Habitual residence means that you live somewhere regularly, at least one year.

- A person can cease to be habitually resident in a country in a single day if he leaves with a settled intention not to return, and to take up long term residence in another country.

- Since , you was one year and 8 months period at the time of adopting the girl child ,hence at the time of adoption , your status of habitual residene was Australian .

These kinds of situations do not arise regularly taht is why this confusion. While on student Visa you canot be considered as a habitual resident as you may go back after completing your studies or if you don't get employed in Australia.

Therefore you have to explain this situation to the CARA authorities.

If they dont understand then file a writ petition in the high court where adoption has taken place.

Regards 

As per Indian adoption laws 

“habitual residence” means a place of settled dwelling, which constitutes the ordinary residence of a
person at least for a period of one year.

So as per Indian Law you will be considered as australian resident and adoption will be considered as intra country adoption. 

Dear Sir,

“habitual residence” means a place of settled dwelling, which constitutes the ordinary residence of a person at least for a period of one year; “Hague Adoption Convention” means the Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption(1993)

Both the Hague Adoption Convention (1993) and the Hague Child Abduction Convention(1980) are in force in the United States.  Both are intended to harmonize disparate legal doctrines in countries with different systems.  And both are intended to provide certainty in the legal protection of children.

In U.S. practice, however, they function quite differently.

The Abduction Convention requires member states to establish procedures for returning a child to his or her country of habitual residence after being removed from that country or wrongfully retained in another country.  Pretty straightforward stuff there– imagine a little girl was born in Korea, but has spent her entire six-year life in Illinois.  Her mother decides to take her back to Korea– and stay there– without her father’s consent.  Korea would be obliged to return the child to the U.S. pursuant to a valid Hague request.  If a German mother sends her son to spend the Christmas holiday with the father in Vermont– but Dad refuses to let him go home to Germany, U.S. authorities should force the boy’s return.

If a family in Australia seeks to adopt an orphan from Italy, then permission must be sought from the Italian government via a Hague request.  But if the child’s mother emigrates with her to Australia and puts her up for adoption several months later, no such permission is necessary.  The child’s habitual residence changes upon the mother’s entry into Australia.

Habitual Residence. Habitual residence means that you live somewhere regularly. ... A person can cease to be habitually resident in a country in a single day if he/she leaves with a settled intention not to return, and to take up long term residence in another country.

The concept of habitual residence is not defined but is recognised by Indian courts. Indian statutes require residence as a ground for jurisdiction.

Domicile is the place where a person has fixed his ordinary dwelling, without a present intention of removal.

For purposes of jurisdiction, “domicile” means a legal residence which is the place where a person has fixed dwelling with an intention of making it his/her permanent home[i]. Domicile is a combination of two factors namely, residence and intent to remain. ... Residence is of a more temporary nature compared to domicile.

If Australian government is not treating you as a habitual resident of Australia due to the nature of visa i.e., student's visa, you cannot claim adoption even though CARA has given NOC for this adoption, because while obtaining permission from CARA you have not explained your actual residential status or the nature of visa you have obtained from Australia hence it has slipped out of CARA's mind, hence you cannot claim it as a right, because CARA is an organisation and not an authority to grant any such permission or approval especially when a country's laws do not permit you to go ahead.

 You can inform CARA about the prevailing law of the Australian land and convince CARA about it.

The student's visa cannot confer you even the PR status of Australia.

Hence you cannot claim habitual resident status of Australia because you may have to return to your native country after completing your studies as per law.

Subsequently when you get an employment and then qualify for PR then you can apply for the same after which you can be known as a habitual resident of that country.