Hong v Minister for Immigration and Citizenship [2011] FCA 842

FEDERAL COURT OF AUSTRALIA

Hong v Minister for Immigration and Citizenship [2011] FCA 842 Citation: Hong v Minister for Immigration and Citizenship [2011] FCA 842

Appeal from: Hong v Minister for Immigration and Citizenship [2011] AATA 242 Hong v Minister for Immigration and Citizenship [2011] AATA 243

Parties: NHAYOUNG HONG v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL SUNGJOHN HONG and HYERHIM HONG v MINISTER FOR IMMIGRTAION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File numbers: NSD 583 of 2011 NSD 584 of 2011

Judge: BUCHANAN J

Date of judgment: 28 July 2011

Catchwords: MIGRATION – applications for citizenship pursuant to section 24 of the Australian Citizenship Act 2007 (Cth) – appeal from the Administrative Appeals Tribunal –applicants were under the age of 18 at the time the applications were made – best interests of the child – Tribunal misunderstood visa conditions applying to one applicant – error of law justifying remittal of matter concerning that applicant – appeals otherwise dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 43(1), 44 Australian Citizenship Act 2007 (Cth) ss 21, 24, 5(1)(b), 53

Cases cited: Brown v Repatriation Commission (1985) 7 FCR 302 Budilay v Minister for Immigration and Citizenship [2011] FCA 508 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Re Lazarevic and Minister for Immigration and Ethnic Affairs (1979) 2 ALN No 62 Re Kim and Minister for Immigration and Citizenship [2010] AATA 157 Re Pak and Department of Immigration and Citizenship [2010] AATA 157