Minister for Immigration, Citizenship and Multicultural Affairs v Lieu, by her Litigation Representative Nguyen [2023] FCAFC 57

Federal Court of Australia

Minister for Immigration, Citizenship and Multicultural Affairs v Lieu, by her Litigation Representative Nguyen [2023] FCAFC 57 Appeal from: Lieu (by her litigation guardian Nguyen) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 758

File number: VID 432 of 2022

Judgment of: MORTIMER CJ, ANDERSON AND HESPE JJ

Date of judgment: 13 April 2023

Catchwords: MIGRATION – delegate of Minister's refusal to give notice of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37 – application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the Judiciary Act 1903 (Cth) – where primary judge determined that the delegate's decision was legally unreasonable in process and outcome – whether primary judge erred in finding that the delegate misunderstood, or failed to appreciate the significance of certain documents as evidence of parentage – whether primary judge erred in finding the delegate's decision was legally unreasonable in outcome – where the delegate did not understand and apply the law in H v Minister for Immigration and Citizenship [2010] FCAFC 119; 188 FCR 393 with respect to the test of parentage – where the delegate's reasoning so departed from the underlying premise of his statutory task as to constitute legal unreasonableness – appeal dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Citizenship Act 2007 (Cth) Child Support (Assessment) Act 1989 (Cth) Health Insurance Act 1974 (Cth) Judiciary Act 1903 (Cth) Federal Court Rules 2011 (Cth) Births, Deaths and Marriages Registration Act 1996 (Vic) Status of Children Act 1974 (Vic)