Walsh v Minister for Immigration & Multicultural Affairs [2002] FCA 155

FEDERAL COURT OF AUSTRALIA

Walsh v Minister for Immigration & Multicultural Affairs [2002] FCA 155 Australian Citizenship Act 1948 (Cth), s 10C Administrative Appeals Tribunal Act 1978 (Cth), ss 43, 44 SUSAN WALSH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 125 OF 2001 DOWSETT J 28 FEBRUARY 2002 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

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 28 FEBRUARY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be allowed.

2. A declaration be made that the applicant was born outside of Australia on or after 26 January 1949 for the purposes of s 10C of the Australian Citizenship Act 1948 (Cth). 3. The decision of the Deputy President dated 8 May 2001 be set aside. 4. The decision of the delegate of the Minister communicated on 7 April 2002 be set aside. 5. The Minister for Immigration and Multicultural Affairs be directed to register the applicant as an Australian citizen pursuant to s 10C of the Australian Citizenship Act 1948 (Cth). 6. The respondent pay the applicant's costs of the proceedings, including reserved costs, but excluding the costs dealt with by the order made on 7 August. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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

RESPONDENT