Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Budilay v Minister for Immigration and Citizenship [2011] FCA 508 Citation: Budilay v Minister for Immigration and Citizenship [2011] FCA 508
Appeal from: Budilay v Minister for Immigration and Citizenship [2010] AATA 850
Parties: KENNETH BUDILAY and KELLEN BUDILAY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 1704 of 2010
Judge: BUCHANAN J
Date of judgment: 17 May 2011
Catchwords: MIGRATION – application for citizenship pursuant to section 24(5) of the Australian Citizenship Act 2007 (Cth) – persons were under the age of 18 at the time the application was made – best interests of the child – whether the Administrative Appeals Tribunal made an error of law in not making a finding as to what would be in the best interests of the children
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44(1) Australian Citizenship Act 2007 (Cth) ss 21, 24 Australian Human Rights Commission Act 1986 (Cth) s 47(1)
Cases cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Date of hearing: 29 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
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