Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heiner v Minister for Immigration and Citizenship [2013] FCA 617 Citation: Heiner v Minister for Immigration and Citizenship [2013] FCA 617
Appeal from: Heiner v Minister for Immigration and Citizenship [2012] AATA 933
Parties: GRACE HEINER, BY HER NEXT FRIEND PHILIP HEINER (THE APPLICANT'S FATHER) v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: VID 1133 of 2012
Judge: MARSHALL J
Date of judgment: 21 June 2013
Catchwords: ADMINISTRATIVE LAW – citizenship – whether Tribunal's decision affected by jurisdictional error – interpretation of relevant statutory provisions – procedural fairness – whether Tribunal failed to weigh "concurrent purposes" of the applicant's father who made a declaration of Irish citizenship – whether decision below invalid on grounds of irrationality.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44 Australian Citizenship Act 1948 (Cth) s 17 Australian Citizenship Act 2007 (Cth) ss 4(2), 16(2), 17, 21(6), 29(3) Australian Citizenship Amendment Act 1984 (Cth) Irish Nationality and Citizenship Act 1956 (Ireland) s 8 Commonwealth House of Representatives, Hansard, 7 December 1983 at 3384
Cases cited: Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration & Citizenship v SZRKT [2013] FCA 317 SZBEL v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 228 CLR 152 SZOOR v Minister for Immigration & Citizenship (2012) 202 FCR 1
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