TRHL v Minister for Immigration and Border Protection [2016] FCA 376

FEDERAL COURT OF AUSTRALIA

TRHL v Minister for Immigration and Border Protection [2016] FCA 376 Appeal from: TRHL v Minister for Immigration and Border Protection [2015] AATA 803

File number: WAD 658 of 2015

Judge: GILMOUR J

Date of judgment: 19 April 2016

Catchwords: MIGRATION – appeal on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) against a decision revoking the appellant's citizenship - circumstances permitting a revocation of citizenship under s 34 of the Australian Citizenship Act 1948 (Cth) – whether the AAT correctly interpreted the state of satisfaction required as to enliven the discretion in s 34(2) of the Australian Citizenship Act 1948 (Cth) – whether the AAT considered separately whether to exercise its discretion to revoke the Appellant's citizenship

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Australian Citizenship Act 1948 (Cth) s 13(1) Australian Citizenship Act 2007 (Cth) ss 4(1)(b), 22(9)(a), 34(2) Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth)

Cases cited: Alcan (NT) v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 Collector of Customs v Pozzolanic (1993) 43 FCR 280 McKinnon v Secretary, Department of Treasury (2005) 145 FCR 70 Minister for Immigration and Border Protection v Tran [2015] FCA 546 Minister for Immigration and Ethic Affairs v Wu Shan Liang (1996) 185 CLR 259 Osorio v Minister for Immigration and Citizenship [2007] AATA 59 Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 246 CLR 379 WBU v Minister for Immigration and Citizenship [2007] 45 AAR 225