Hudson v Minister for Immigration & Citizenship [2011] FCA 1134

FEDERAL COURT OF AUSTRALIA

Hudson v Minister for Immigration & Citizenship [2011] FCA 1134 Citation: Hudson v Minister for Immigration & Citizenship [2011] FCA 1134

Appeal from: Re NWH and Minister for Immigration and Citizenship [2011] AATA 286

Parties: NEO WANG HUDSON v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 771 of 2011

Judge: EDMONDS J

Date of judgment: 7 October 2011

Catchwords: ADMINISTRATIVE LAW – application for citizenship by descent pursuant to s 16(2) of Australian Citizenship Act 2007 (Cth) – child born while mother married to Australian citizen not being biological father – whether Australian citizen 'parent' of child so as to confer citizenship by descent – appeal from Administrative Appeals Tribunal answering in the negative – whether appeal competent as being on a question of law – if so whether error of law Held: appeal not competent; no error of law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Citizenship Act 2007 (Cth) s 16

Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 applied H v Minister for Immigration and Citizenship (2010) 188 FCR 393 applied Hope v The Council of the City of Bathurst (1980) 144 CLR 1 applied NWH v Minister for Immigration and Citizenship [2009] AATA 833 cited Re McMullen and Minister for Immigration and Citizenship (2009) 111 ALD 475 cited Re NWH and Minister for Immigration and Citizenship (2011) 121 ALD 224 cited TNT Skypack International (Aust) Pty Ltd v Commissioner of Taxation (1988) 82 ALR 175 applied Vetter v Lake Macquarie City Council (2001) 202 CLR 439 applied