Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Foreign Affairs v Lee [2014] FCA 927 Citation: Minister for Foreign Affairs v Lee [2014] FCA 927
Appeal from: Re William Lee and Minister for Foreign Affairs [2014] AATA 159
Parties: MINISTER FOR FOREIGN AFFAIRS v WILLIAM LEE
File number: NSD 410 of 2014
Judge: ROBERTSON J
Date of judgment: 29 August 2014
Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from the Administrative Appeals Tribunal – whether error of law in decision of the Tribunal that the respondent was entitled to be issued with an Australian passport which not only recorded the respondent's true date of birth but also contained an endorsement that the respondent had also used a different date of birth
Legislation: Australian Passports Act 2005 (Cth) ss 3, 6, 7, 8, 29, 30, 31, 42, 43, 55, 57 Births, Deaths and Marriages Registration Act 1995 (NSW) ss 4, 14, 43 Road Transport (Driver Licensing) Act 1998 (NSW) s 22 Australian Passports Determination 2005 (Cth) ss 7, 9 Births, Deaths and Marriages Registration Regulation 2011 (NSW) reg 5 Road Transport (Driver Licensing) Regulation 2008 (NSW) reg 10
Cases cited: BHP Direct Reduced Iron Pty Ltd v Chief Executive Officer, Australian Customs Service (1998) 55 ALD 665 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Gerah Imports Pty Ltd v Minister for Industry, Technology and Commerce (1987) 17 FCR 1 Haneef v Minister for Immigration and Citizenship [2007] FCA 1273; (2007) 161 FCR 40 Hneidi v Minister for Immigration and Citizenship [2010] FCAFC 20; (2010) 182 FCR 115 Minister for Immigration and Ethnic Affairs v Petrovski (1997) 73 FCR 303 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Nikac v Minister for Immigration, Local Government and Ethnic Affairs (1988) 20 FCR 65 Registrar of Births, Deaths and Marriages (NSW) v Norrie [2014] HCA 11; (2014) 250 CLR 490 Samrein Pty Ltd v Metropolitan Water, Sewerage and Drainage Board (1982) 41 ALR 467 Thompson v Council of the Municipality of Randwick (1950) 81 CLR 87
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