Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee (By his Next Friend Lee) v Minister for Immigration and Citizenship [2011] FCA 1458 Citation: Lee (By his Next Friend Lee) v Minister for Immigration and Citizenship [2011] FCA 1458
Parties: SAMUEL LEE (BY HIS NEXT FRIEND EUI GI LEE) v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: NSD 62 of 2011
Judge: FOSTER J
Date of judgment: 16 December 2011
Catchwords: ADMINISTRATIVE LAW – request for issue of a certificate under s 37 of the Australian Citizenship Act 2007 (Cth) (Citizenship Act) evidencing the applicant's Australian citizenship – a delegate of the Minister for Immigration and Citizenship declined to issue the certificate – judicial review proceedings brought by applicant in respect of the delegate's decision – declaratory relief also sought – whether the applicant has become a citizen by virtue of being "ordinarily resident" in Australia throughout the first ten years of his life within the meaning of s 12(1)(b) of the Citizenship Act – consideration of the meaning of "ordinarily resident" in the Citizenship Act
Legislation: Acts Interpretation Act 1901 (Cth), s 25D Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(h), 5(3) and 6 Australian Citizenship Act 2007 (Cth), ss 3, 4, 12(1)(b), 37, 38, 46, 47 and 52 Judiciary Act 1903 (Cth), s 39B(1A) Australian Citizenship Regulations 2007, reg 10 and Sch 2
Cases cited: Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 cited Dornan v Riordan (1990) 24 FCR 564 cited Julius v Bishop of Oxford (1880) 5 App Cas 214 applied Lafu v Minister for Immigration and Citizenship (2009) 112 ALD 1 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Ethnic Affairs v Petrovski (1997) 73 FCR 303 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Restom v Battenberg (2007) 4 ABC(NS) 474 cited Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 followed Re Vassis; Ex parte Leung (1986) 9 FCR 518 followed Ward v Williams (1955) 92 CLR 496 applied
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