Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sami v Minister for Immigration and Border Protection [2015] FCA 1496 Citation: Sami v Minister for Immigration and Border Protection [2015] FCA 1496
Parties: TONY SAMI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and SECRETARY DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION
File number(s): WAD 571 of 2015
Judge(s): SIOPIS J
Date of judgment: 9 December 2015
Catchwords: MIGRATION – application to review the decision of a delegate of the first respondent not to approve the applicant for the grant of Australian citizenship – application for review brought more than 10 years after the date of the impugned decision – whether the application was futile as the applicant could no longer qualify for Australian citizenship because of a serious criminal record and the loss of permanent residency - summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth).
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Judiciary Act 1903 (Cth) s 39B Australian Citizenship Act 1948 (Cth) ss 13(1)(e), 13(11A) Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A) Federal Court Rules 2011 r 26.01(1)(a)
Cases cited: Sami v Minister for Immigration and Citizenship [2013] FCA 1016 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
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