Alkiswani v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1314

FEDERAL COURT OF AUSTRALIA

Alkiswani v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1314

CITIZENSHIP – revocation of certificate of citizenship – applicant holds a protection visa on the basis that he was a refugee that suffered imprisonment and torture in Jordan – altercation with street preacher resulting in criminal charges – grant of certificate of citizenship occurred before commencement of s 14B of the Australian Citizenship Act 1948 (Cth) –purported exercise of the power conferred by s 14B of the Australian Citizenship Act 1948 (Cth) – whether there was an implied power to revoke the certificate of citizenship arising from the tenor and construction of the Australian Citizenship Act 1948 (Cth) as a whole – whether there was an implied power to revoke the certificate of citizenship arising from s 33(3) of the Acts Interpretation Act 1901 (Cth) – if such an implied power exists, whether the discretion to exercise the power was considered by the decision maker Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Citizenship Act 1948 (Cth) ss 13 and 14 Acts Interpretation Act 1901 (Cth) s 33(3) Leung v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 76 referred to AYMAN ALKISWANI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 206 of 2003 SPENDER J BRISBANE 12 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 206 OF 2003

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: AYMAN ALKISWANI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 12 OCTOBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The decision of the Tribunal of 26 November 2003 be set aside. (2) The decision of the delegate of the Minister of 26 July 2002 to revoke the grant of citizenship to Mr Alkiswani be set aside. (3) The respondent pay the applicant's costs of and incidental to this appeal, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.