Minister for Immigration and Border Protection v Egan [2018] FCAFC 169

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Egan [2018] FCAFC 169 Appeal from: Egan v Minister for Immigration and Border Protection (Citizenship) [2017] AATA 2705

File number: NSD 2261 of 2017 NSD 1395 of 2018

Judges: ALLSOP CJ, PERRAM AND JAGOT JJ

Date of judgment: 9 October 2018

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal on question of law under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) – whether Tribunal failed to take account of a mandatory relevant consideration – whether grant of ex-citizen visa under Migration Act 1958 (Cth) s 35(3) was mandatory relevant consideration – where Tribunal set aside decision of Minister to cancel citizenship – where Tribunal accepted that Respondent would be repatriated if citizenship cancelled ADMINISTRATIVE LAW – application for judicial review of Tribunal under s 39B of Judiciary Act 1903 (Cth) – whether writs should be issued – where appeal from Tribunal concurrently pursued

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Australian Citizenship Act 2007 (Cth) ss 3, 5, 21, 34 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 35, 500, 501, 501CA

Cases cited: Bushell v Repatriation Commission [1992] HCA 47; 175 CLR 408 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 Minister for Immigration and Border Protection v Tran [2015] FCA 546; 232 FCR 540 Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] FCA 707; 59 FCR 6 TRHL v Minister for Immigration and Border Protection [2016] FCA 376