Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hneidi v Minister for Immigration and Citizenship [2010] FCAFC 20 Citation: Hneidi v Minister for Immigration and Citizenship [2010] FCAFC 20
Appeal from: Hneidi v Minister for Immigration and Citizenship [2009] FCA 983
Parties: MAEN HNEIDI, DALIA HNEIDI (BY HER NEXT FRIEND MAEN HNEIDI), RAMY HNEIDI (BY HIS NEXT FRIEND MAEN HNEIDI) and TALA HNEIDI (BY HER NEXT FRIEND MAEN HNEIDI) v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number(s): SAD 146 of 2009
Judges: SPENDER, EMMETT AND JACOBSON JJ
Date of judgment: 5 March 2010
Catchwords: ADMINISTRATIVE LAW – application under Australian Citizenship Act 1948 (Cth) – first appellant married to Australian citizen – second to fourth appellants children of the marriage not Australian citizens – another child of the marriage an Australian citizen – application of Australian Citizenship instructions – independent assessment by Administrative Appeals Tribunal – entitlement of administrative decision-maker to take governmental policy into account
Legislation: Australian Citizenship Act 1948 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Australian Citizenship Act 1948 (Cth)
Cases cited: Hneidi and Minister for Immigration and Citizenship [2008] AATA 923 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 discussed Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 discussed Re Becker and Minister for Immigration and Ethnic Affairs (1977) 15 ALR 696 considered The Queen v Anderson; Ex parte Ipec-Air Pty Ltd (1965) 113 CLR 177 considered Ansett Transport Industries (Operations) Pty Ltd v Commonwealth of Australia (1977) 139 CLR 54 at 82-83 cited Re Aston and Secretary, Department of Primary Industry (1985) 8 ALD 366 at 380 considered Federal Commissioner of Taxation v Swift and Others (1989) 18 ALD 679 considered Re Sadiq and Minister for Immigration and Multicultural and Indigenous Affairs [2006] AATA 75 discussed Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 considered WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 considered Turner v Minister for Immigration and Ethnic Affairs (1981) 55 FLR 180 at 184 considered
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