Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68

Federal Court of Australia

Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68 Review of: Su and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship) [2023] AATA 3919 (9 November 2023)

File number(s): VID 1089 of 2023

Judgment of: WHEELAHAN, CHEESEMAN AND HESPE JJ

Date of judgment: 5 June 2024

Catchwords: CITIZENSHIP – eligibility – citizenship by descent – where applicant for citizenship was born outside Australia – whether the Administrative Appeals Tribunal erred in construing and failing to apply ordinary meaning of the phrase "at the time of the birth" in s 16(2)(a) of the Australian Citizenship Act 2007 (Cth) – whether the facts as found by the Tribunal necessarily fell outside the description of "at the time of the birth", properly construed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Citizenship Act 2007 (Cth) ss 12, 16

Cases cited: Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389 Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2020] HCA 2; (2020) 270 CLR 494 H v Minister for Immigration and Citizenship [2010] FCAFC 119; (2010) 188 FCR 393 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Hope v Bathurst City Council [1980] HCA 16; (1980) 144 CLR 1 Koka v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 82; (2021) 284 FCR 346 McKenzie v Repatriation Commission [2014] FCA 777 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Koka [2020] FCA 1471 Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53; (2013) 251 CLR 322 Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] FCA 707; (1995) 59 FCR 6 Vetter v Lake Macquarie City Council [2001] HCA 12; (2001) 202 CLR 439