Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cayzer v Minister for Immigration and Border Protection [2016] FCAFC 176 Appeal from: Cayzer v Minister for Immigration and Border Protection (No 3) [2016] FCA 806
File number: TAD 33 of 2016
Judge: KENNY, FLICK AND GRIFFITHS JJ
Date of judgment: 14 December 2016
Catchwords: CONSTITUTIONAL LAW – appellant's visa cancelled under s 501(2) of the Migration Act 1958 (Cth) – whether appellant was an alien for the purposes of s 51(xix) of the Constitution – application of Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72; 218 CLR 28 and R v Pearson; Ex parte Sipka [1983] HCA 6; 152 CLR 254 MIGRATION – whether appellant had taken oath under s 15 of the Australian Citizenship Act 1948 – whether appellable error in findings of primary judge
Legislation: Australian Citizenship Act 1948 (Cth) ss 13, 14, 15 Constitution ss 24, 41, 51(xix) Migration Act 1958 (Cth) s 501(2)
Cases cited: Cayzer v Minister for Immigration and Border Protection (No 3) [2016] FCA 806 Fox v Percy [2003] HCA 22; 214 CLR 118 Nolan v Minister of State for Immigration and Ethnic Affairs [1988] HCA45; 165 CLR 178 Pochi v Macphee [1982] HCA 60; 151 CLR 101 R v Pearson; Ex parte Sipka [1983] HCA 6; 152 CLR 254 Re Patterson; Ex parte Taylor [2001] HCA 51; 207 CLR 391 Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72; 218 CLR 28 Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate