Thompson v Minister for Immigration & Multicultural Affairs [2004] FCA 139

FEDERAL COURT OF AUSTRALIA

Thompson v Minister for Immigration & Multicultural Affairs [2004] FCA 139

MIGRATION – cancellation of visa – character test – visa holder born in Trust Territory of New Guinea – son of an Australian father and New Guinean mother – no registration of Australian citizenship – no naturalisation after arrival in Australia – grant of permanent resident entry permit – deemed grant of transitional (permanent) visa after 1994 – cancellation of visa – whether applicant was Australian citizen at time of cancellation – whether British subject – whether stateless – whether citizen of Papua New Guinea – applicant citizen of Papua New Guinea – not alien for purposes of Australian Citizenship Act upon entry into Australia – now alien - cancellation of visa within power – application dismissed Australian Citizenship Act 1948 (Cth) s 11, s 5 Migration Act 1958 (Cth) s 501 Migration Reform Act 1992 (Cth) Migration Reform (Transitional Provisions) Regulations 1994 reg 4 Constitution of Papua New Guinea s 65 Shaw v Minister for Immigration and Multicultural Affairs (2003) 203 ALR 143 cited Cunliffe v Commonwealth of Australia (1994) 182 CLR 272 cited Pochi v Macphee (1982) 151 CLR 101 cited Re: Patterson; Ex parte Taylor (2001) 207 CLR 391 cited JASON ANTHONY THOMPSON v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W5 OF 2002 FRENCH J 26 FEBRUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W5 OF 2002

BETWEEN: JASON ANTHONY THOMPSON

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 26 FEBRUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant is to pay the respondent's costs of the application.