Walsh v Minister for Immigration & Multicultural Affairs [2001] FCA 1886

FEDERAL COURT OF AUSTRALIA

Walsh v Minister for Immigration & Multicultural Affairs [2001] FCA 1886 CITIZENSHIP - whether applicant was entitled to permanent residence in Australia – application for registration of Australian citizenship by descent under s 10C of the Australian Citizenship Act 1948 (Cth) – whether applicant was born outside of Australia – effect of the granting of independence to Papua New Guinea – inter-relationship between s 10C and s 5 of the Australian Citizenship Act 1948 (Cth) Australian Citizenship Act 1948 (Cth), ss 10B, 10C, 11, 17, 18, 19, 23 Australian Citizenship Act 1948 – 1973 (Cth), s 11 Papua and New Guinea Independence Act 1975 (Cth), s 6 Migration Act 1958 (Cth) (No 62 of 1958), ss 6(1), 6(2), 6(6) Migration Amendment Act 1983 (Cth), s 3 Constitution of Papua New Guinea, s 65(1), 65(4), 65(5) Papua and New Guinea Independence (Australian Citizenship) Regulations, reg 4, Schedule 1 Nolan v Minister for Immigration and Ethnic Affairs (1988) 165 CLR 178, referred to The King v Macfarlane; Ex parte O'Flanagan and O'Kelly (1923) 32 CLR 518, referred to Air Caledonie International v The Commonwealth (1988) 165 CLR 462, considered Pochi v Macphee (1982) 151 CLR 101, considered Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1, considered

The Immigration Kit (6th Edition), Immigration Advice and Rights Centre, The Federation Press SUSAN WALSH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 125 OF 2001 DOWSETT J 24 DECEMBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 125 OF 2001

ON APPEAL FROM A PRESIDENTIAL MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SUSAN WALSH

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS