Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Citizenship [2012] FCAFC 12 Citation: Singh v Minister for Immigration and Citizenship [2012] FCAFC 12
Appeal from: Singh v Minister for Immigration and Citizenship [2011] FCA 685
Parties: AMRITVEER SINGH BY HIS NEXT FRIEND JASBIR SINGH v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: VID 737 of 2011
Judges: FINN, DOWSETT AND BENNETT JJ
Date of judgment: 27 February 2012
Catchwords: MIGRATION – application for citizenship pursuant to section 24(5) of the Australian Citizenship Act 2007 (Cth) – applicant under the age of 18 at the time of application – whether the Australian Citizenship Instructions are ultra vires
Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Acts Interpretation Amendment Act 2011 (Cth) s 15AA Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Citizenship Act 2007 (Cth) ss 2A, 5, 17(2), 20, 21(1)-(8), 24(1)-(8), 46(2A) Australian Citizenship Bill 2005 (Cth) Family Law Act 1975 (Cth) Migration Act 1958 (Cth) s 501(2) Statute Law Revision Act 1981 (Cth) Australian Citizenship Instructions 2007 (Cth)
Cases cited: Bowtell v Goldsborough, Mort & Co Ltd (1906) 3 CLR 444 considered Budilay v Minister for Immigration and Citizenship (2011) 194 FCR 133 considered CIC Insurance Ltd v Bankstown Football Club Ltd (1995-1997) 187 CLR 384 considered Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 followed Hussain v Minister for Foreign Affairs (2008) 169 FCR 241 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Re Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 followed Ross v Minister for Immigration and Multicultural Affairs (2000) 107 FCR 1 discussed Wacando v The Commonwealth (1981) 148 CLR 1 discussed DC Pearce and RS Geddes, Statutory Interpretation Australia, (7th ed, LexisNexis, Butterworths, Sydney, 2011) A Winckel, The Contextual Role of a Preamble and Statutory Interpretation (1999) (23 Melbourne University LREV 184)
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