Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v G [2019] FCAFC 79 Appeal from: G v Minister for Immigration and Border Protection [2018] FCA 1229
File number: VID 1165 of 2018
Judges: MURPHY, MOSHINSKY AND O'CALLAGHAN JJ
Date of judgment: 21 May 2019
Catchwords: ADMINISTRATIVE LAW – executive policy – Australian Citizenship Act 2007 (Cth) – Australian Citizenship Instructions – where primary judge declared part of the Instructions (being an executive policy) to be inconsistent with the Act and unlawful – principles applicable to whether an executive policy is inconsistent with a statute and unlawful CITIZENSHIP – citizenship by conferral – children under 16 years – Australian Citizenship Instructions – whether a part of the Instructions (relating to children under 16 years seeking citizenship by conferral) was inconsistent with the Australian Citizenship Act 2007 (Cth) and therefore unlawful
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Citizenship Act 2007 (Cth), ss 19G, 20, 21, 22, 22A, 22B, 23, 24, 26 Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 (Cth) Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 48A, 48B
Cases cited: Budilay v Minister for Immigration and Citizenship (2011) 194 FCR 133 Cummeragunga Pty Ltd (in liq) v Aboriginal and Torres Strait Islander Commission (2004) 139 FCR 73 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Elias v Federal Commissioner of Taxation (2002) 123 FCR 499 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Green v Daniels (1977) 13 ALR 1 Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 MLC Investments Ltd v Commissioner of Taxation (2003) 137 FCR 288 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277 Nevistic v Minister for Immigration and Ethnic Affairs (1981) 34 ALR 639 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Singh v Minister for Immigration and Citizenship (2012) 199 FCR 404 Wong v R (2001) 207 CLR 584 Wong v R (2001) 207 CLR 584
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