Galuak v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 146

Galuak v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 146 Appeal from:

File number(s):

Judgment of: BURLEY, O'CALLAGHAN AND HORAN JJ

Date of judgment: 14 November 2024

Catchwords: CONSTITUTIONAL LAW – judicial power of the Commonwealth – whether s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) is valid in its application to the appellant – where Minister revoked appellant's Australian citizenship following his conviction for an offence committed before he became an Australian citizen – where appellant was a child at the time of application for and grant of Australian citizenship – where no statutory requirement that the appellant be of "good character" as precondition to becoming an Australian citizen – whether certificate of Australian citizenship was granted to appellant under Australian Citizenship Act 1948 (Cth) – whether exercise of power under s 32(2)(b)(ii) to revoke appellant's Australian citizenship contrary to Ch III of Constitution – whether application of s 32(2)(b)(ii) to appellant is reasonably capable of being seen as necessary for a legitimate non-punitive purpose – whether purpose of protecting integrity of process of naturalisation – Jones v Commonwealth [2023] HCA 34; 97 ALJR 936 distinguished – Held: s 34(2)(b)(ii) is invalid in its application to the appellant – declarations and consequential orders made MIGRATION – appeal from a decision of primary judge – judicial review of decision by Administrative Appeals Tribunal to affirm decision under s 501CA(4) of Migration Act 1958 (Cth) not to revoke cancellation of appellant's ex-citizen visa – challenge to validity of earlier decisions by Minister and by Tribunal to revoke Australian citizenship –whether Minister and Tribunal failed to have regard to consequences of subsequent cancellation of ex-citizen visa – challenge to validity of earlier decision under s 501(3A) to cancel "Class AQ Subclass 150 Former Citizen visa" – where appellant never held Class AQ visa – whether delegate purported to cancel visa that did not exist