Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 144

Federal Court of Australia Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 144 Appeal from: Taylor v Minister for Home Affairs [2022] FCA 309 Taylor v Minister for Home Affairs (No 2) [2022] FCA 401

File number(s): VID 193 of 2022

Judgment of: RARES, ANDERSON AND HESPE JJ

Date of judgment: 4 August 2022

Catchwords: CONSTITUTIONAL LAW – s 51(xix) of the Constitution – aliens power – naturalisation and renunciation of citizenship – where British subject born in United Kingdom migrated to Australia and enrolled to vote under s 93(1)(b)(ii) of Commonwealth Electoral Act 1918 (Cth) before 26 January 1984 – where person naturalised as Australian citizen in 1988 renounced citizenship in 1995 and granted visa – where ex-citizen failed character test and Minister cancelled visa under s 501 of Migration Act 1958 (Cth) – whether person had right to remain in Australia as non‐alien non‐citizen – whether person who voluntarily renounces Australian citizenship is an alien – whether circumstances were such that non-citizen could not possibly be an alien – Held: appeal dismissed

Legislation: Constitution s 51(xix), (xxvii) Australian Citizenship Act 1948 (Cth) (repealed) ss 7, 15, 16, 18, Sch 2 Commonwealth Electoral Act 1918 (Cth) ss 93, 114, 118 Migration Act 1958 (Cth) ss 189, 501CA, 501

Cases cited: Alexander v Minister for Home Affairs (2022) 401 ALR 438 Chetcuti v The Commonwealth (2021) 95 ALJR 704 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Love v The Commonwealth (2020) 270 CLR 152 Mabo v Queensland (No 2) (1992) 175 CLR 1 Nolan v Minister of State for Immigration and Ethnic Affairs (1988) 165 CLR 178 Pochi v MacPhee (1982) 151 CLR 101 Re Canavan (2017) 263 CLR 284 Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28 Sykes v Cleary (1992) 176 CLR 77