Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nicky v Minister for Immigration and Border Protection [2015] FCA 174 Citation: Nicky v Minister for Immigration and Border Protection [2015] FCA 174
Appeal from: Nicky v Minister for Immigration [2014] FCCA 2569
Parties: NICKY v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: NSD 1265 of 2014
Judge: FLICK J
Date of judgment: 5 March 2015
Catchwords: CITIZENSHIP – Indonesian mother deported – refusal to take son back to Indonesia – claimed abandonment – entitlement to Australian citizenship STATUTORY INTERPRETATION – repeal of earlier statute – natural and ordinary meaning of statute – acquired rights
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Australian Citizenship Act 1948 (Cth) ss 5, 10 Australian Citizenship Act 2007 (Cth) ss 4, 12, 13, 14, 15, 16, 37 Australian Citizenship Amendment Act 1986 (Cth) Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth) s 3 Citizenship Act 1969 (Cth) Migration Act 1958 (Cth) s 189 United Nations Convention on the Reduction of Statelessness
Cases cited: Air Caledonie v The Commonwealth of Australia (1988) 165 CLR 462 Baker v The Queen [2004] HCA 45, (2004) 223 CLR 513 Coleman v The Shell Company of Australia Ltd (1943) 45 SR (NSW) 27 Maxwell v Murphy (1957) 96 CLR 261 Minister for Immigration and Ethnic Affairs v Petrovski (1997) 73 FCR 303 The Commonwealth of Australia v SCI Operations Pty Ltd (1998) 192 CLR 285
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