Yao v Minister for Immigration and Citizenship (No 2) [2013] FCA 873

FEDERAL COURT OF AUSTRALIA

Yao v Minister for Immigration and Citizenship (No 2) [2013] FCA 873 Citation: Yao v Minister for Immigration and Citizenship (No 2) [2013] FCA 873

Appeal from: Qing Quan Yao and Minister for Immigration and Citizenship [2013] AATA 209

Parties: QING QUAN YAO v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 721 of 2013

Judge: COWDROY J

Date of judgment: 30 August 2013

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(1), 44(1) Australian Citizenship Act 2007 (Cth) s 33(7) Federal Court Rules 2011 (Cth) r 4.12 Nationality Law of the People's Republic of China, art 3

Cases cited: Esber v Commonwealth of Australia (1992) 174 CLR 430 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Wecker v Secretary, Department of Education, Science and Training (2008) 168 FCR 272

Date of hearing: 1 August 2013

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 26

Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter

Solicitor for the Respondent: Mr R Baird of Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 721 of 2013

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: QING QUAN YAO

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

JUDGE: COWDROY J DATE OF ORDER: 30 AUGUST 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The Applicant pay the costs of the Respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.