Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shams v Minister for Immigration and Citizenship [2011] FCA 1505 Citation: Shams v Minister for Immigration and Citizenship [2011] FCA 1505
Appeal from: Shams and Minister for Immigration and Citizenship [2011] AATA 675
Parties: FARIHA SHAMS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ADMINISTRATIVE APPEALS TRIBUNAL
File number(s): NSD 1746 of 2011
Judge: JACOBSON J
Date of judgment: 22 December 2011
Catchwords: STATUTORY INTERPRETATION - application for citizenship by conferral by person under 18 years of age under Australian Citizenship Act 2007 (Cth) - refusal to grant citizenship despite applicant meeting eligibility requirements - citizenship refused because applicant did not meet residency requirement - whether minister was entitled to have regard to residency requirement in exercising discretion to approve or refuse an application for citizenship
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Australian Citizenship Act 1948 (Cth), ss 13 and 15 Australian Citizenship Act 2007 (Cth), ss 12, 20, 21, 22 24, 26 and 34
Cases cited: Singh v Minister for Immigration and Citizenship [2011] FCA 685 followed CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 referred to
Date of hearing: 16 December 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 81
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