Alotoom v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1347

FEDERAL COURT OF AUSTRALIA

Alotoom v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1347

CITIZENSHIP – applicant outside of Australia – refusal of grant of citizenship based on discretion in Australian Citizenship Act 1948 (Cth) – time spent in Australia since grant of permanent residency not sufficient to exercise discretion in favour of applicant – application of policy to discretion – inflexible application of policy – consideration of irrelevant considerations – unreasonableness. Administrative Appeals Tribunal Act 1975 (Cth), s 43(1), s 44(7) Australian Citizenship Act 1948 (Cth), s 13(1),s 13(1)(d), s 13(1)(e), s 13(1A), s 13(4)(b) Migration Act 1958 (Cth), s 280(1), s 291 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 referred to. Minister for Aboriginal Affairs and Anor v Peko-Wallsend Limited and Ors (1986) 162 CLR 24 followed. Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 followed Minister for Immigration, Local Government and Ethnic Affairs v Roberts (1993) 41 FCR 82 distinguished. Re Dainty and Minister for Immigration and Ethnic Affairs (1987) 6 AAR 259 distinguished Re Sadawut Taechaubol v Minister for Immigration and Multicultural Affairs [2001] AATA 425 referred to. SAAP v Minister for Immigration and Indigenous Affairs (2005) 215 ALR 162 followed. ZAID ALOTOOM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1093 OF 2006

COWDROY J

13 OCTOBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1093OF 2006

BETWEEN: ZAID ALOTOOM

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: COWDROY J DATE OF ORDER: 13 OCTOBER 2006

WHERE MADE: SYDNEY