Federal Court of Australia
Federal Court of Australia
Koka v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 82 Appeal from: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Koka [2020] FCA 1471
File number: VID 758 of 2020
Judgment of: NICHOLAS, MURPHY AND MORTIMER JJ
Date of judgment: 28 May 2021
Catchwords: MIGRATION – application for conferral of citizenship by descent – where appellant adopted by an Australian citizen under Albanian law when appellant a young child – whether primary judge erred in construction of s 16(2) of the Australian Citizenship Act 2007 (Cth) – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Australian Citizenship Act 1948 (Cth) Australian Citizenship Act 2007 (Cth), s 16(2) Australian Citizenship Amendment Act 1984 (Cth)
Cases cited: H v Minister for Immigration and Citizenship [2010] FCAFC 119; 188 FCR 393 Jabetin Pty Ltd v Liquor Administration Board [2005] NSWCA 92; 63 NSWLR 602 at [40]-[41] Masson v Parsons [2019] HCA 21; 266 CLR 554 McHugh v Minister [2020] FCAFC 223 Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54; 223 CLR 331
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 42
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