Kumar v Minister for Immigration and Border Protection [2015] FCA 446

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration and Border Protection [2015] FCA 446 Citation: Kumar v Minister for Immigration and Border Protection [2015] FCA 446

Appeal from: Bhavesh Kumar v Minister for Immigration and Border Protection [2014] AATA 944

Parties: BHAVESH KUMAR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 91 of 2015

Judge: EDMONDS J

Date of judgment: 13 May 2015

Catchwords: CITIZENSHIP – appeal from decision of the Administrative Appeals Tribunal affirming decision of the Minister's delegate – delegate not satisfied that applicant satisfied the general residence requirement in s 22(1) of the Australian Citizenship Act 2007 (Cth) ("Act") – delegate not satisfied that para (d) of s 22(9) met so as to enliven Ministerial discretion to ignore failure to comply with requirements (a) and (c) of s 22(1) – Tribunal satisfied that para (d) of s 22(9) met so as to enliven discretion, but refused to exercise discretion in applicant's favour in the absence of good reason to do so STATUTORY INTERPRETATION – whether discretion reposed in Minister by s 22(9) of the Act, if enlivened, enables Minister to ignore failure to comply with requirements in both paras (a) and (c) of s 22(1) of the Act

Legislation: Australian Citizenship Act 2007 (Cth) ss 21, 22

Cases cited: House v The King (1936) 55 CLR 499 cited Milne v Minister for Immigration & Citizenship [2009] FCA 730 cited Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 applied