Federal Court of Australia
Federal Court of Australia
Waraich v Minister for Home Affairs [2021] FCAFC 155 Appeal from: Minister for Home Affairs v Waraich [2020] FCA 1513
File number(s): VID 735 of 2020
Judgment of: BROMBERG, KATZMANN AND CHEESEMAN JJ
Date of judgment: 26 August 2021
Catchwords: ADMINISTRATIVE LAW - revocation of Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) - appeal from decision of primary judge dismissing appeal on a question of law from decision of Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where the primary judge set aside the Tribunal's reversal of the Minister's decision to revoke the appellant's citizenship – whether the Tribunal erred in its application of s 34(2) – whether residual discretion is enlivened in circumstances where the Tribunal was not satisfied of a jurisdictional fact on which the power is conditioned – whether materiality is such that the Court should refuse relief - Held: appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Australian Citizenship Act 2007 (Cth), s 34(2)
Cases cited: Allan v Transurban City Link Ltd [2001] HCA 58; (2001) 208 CLR 167 BFM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 312 Bushell v Repatriation Commission [1992] HCA 47; (1992) 175 CLR 408 CWY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1855 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation [1988] FCA 123; (1988) 79 ALR 267 Egan v Minister for Home Affairs [2021] FCAFC 85 Fastbet Investments Pty Ltd v Deputy Commissioner of Taxation (No 5) [2019] FCA 2073; (2019) 167 ALD 492 Gbojueh v Minister for Immigration and Citizenship [2012] FCA 288; (2012) 202 FCR 417 Graham v Minister for Immigration and Border Protection [2017] HCA 33; (2017) 263 CLR 1 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198; (2018) 267 FCR 492 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 TRHL v Minister for Immigration and Border Protection [2016] FCA 376; (2016) 69 AAR 192
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