Dvorani v Minister for Immigration and Multicultural Affairs [2000] FCA 1302

FEDERAL COURT OF AUSTRALIA

Dvorani v Minister for Immigration & Multicultural Affairs [2000] FCA 1302 MIGRATION – whether appellant was entitled to be registered as an Australian citizen – whether appellant's father was an Australian citizen at the time of his death – whether the appellant's father had "resided outside Australia" for seven years – whether intention or voluntariness was necessary to establish residence – where the appellant's father was forcibly held outside Australia for more than seven years INTERPRETATION – "resided outside Australia" – whether the statutory context of "resided" imported a notion of intention or voluntariness – whether "resided" was unclear or ambiguous – whether parliament could have intended the statute to apply to the appellant's father – where, absent an element of intention or voluntariness, the statute would be unjust

The Universal Declaration of Human Rights 1948 Art 15 Nationality Act 1920 (Cth) s 20 Australian Citizenship Act 1948 (Cth) s 10C Nationality and Citizenship Act 1958 (Cth) Acts Interpretation Act 1901 (Cth) s 15AB Keil v Keil [1947] VR 383 distinguished Commissioner of Inland Revenue v Lysaght [1928] AC 234 distinguished Levene v Commissioners of Inland Revenue [1928] AC 217 distinguished Commissioner of Taxation v Miller (1946) 73 CLR 93 distinguished Street v Queensland Bar Association (1989) 168 CLR 461 cited Cooper-Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 applied FLORA DVORANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 26 OF 2000 COOPER, TAMBERLIN AND KIEFEL JJ BRISBANE 15 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q26 OF 2000

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: FLORA DVORANI

APPELLANT