Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Grass v Minister for Immigration and Border Protection [2014] FCA 393 Citation: Grass v Minister for Immigration and Border Protection [2014] FCA 393
Parties: CORAZON ELAURIA GRASS v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and FEDERAL MAGISTRATE ROBERT CAMERON
File number(s): NSD 563 of 2013
Judge(s): BUCHANAN J
Date of judgment: 23 April 2014
Catchwords: ADMINISTRATIVE LAW – application under s 39B of the Judiciary Act 1903 (Cth) – cancellation of approval of citizenship by conferral – delay by the Department in allowing applicant to take pledge of commitment – denial of natural justice – Federal Circuit Court of Australia set aside Minister's decision from a date later than judgment – no jurisdictional error by Federal Circuit Court of Australia – application dismissed
Legislation: Australian Citizenship Act 2007 (Cth), ss 20, 21, 21(2), 21(2)(b), 21(2)(g), 21(2)(h), 24(1), 25(1), 25(2), 25(2)(b), 25(2)(b)(iii), 25(3), 26, 26(3), 26(4) Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(a), 16(1) Judiciary Act 1903 (Cth), s 39B
Cases cited: Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338; (1979) 24 ALR 307 Grass v Minister for Immigration [2013] FMCA 74 Jadwan Pty Ltd v Secretary, Department of Health and Aged Care (2003) 145 FCR 1 Wattmaster Alco Pty Ltd v Button (1986) 13 FCR 253
Date of hearing: 31 March 2014
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