Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kim v Minister for Immigration and Border Protection [2016] FCA 959 File number: NSD 1033 of 2014
Judge: GLEESON J
Date of judgment: 16 August 2016
Catchwords: MIGRATION – request for declaration that applicant is an Australian citizen – whether applicant has become citizen by virtue of being "ordinarily resident" in Australia throughout first ten years of his life within the meaning of s 12(1)(b) of the Australian Citizenship Act 2007 (Cth) ("Citizenship Act") – meaning of "ordinarily resident" in the Citizenship Act – declaration that applicant is an Australian citizen ADMINISTRATIVE LAW – delegate of Minister for Immigration and Border Protection cancelled notice PRACTICE AND PROCEDURE – application for relief under s 39B(1A)(c) of the Judiciary Act 1903 (Cth)
Legislation: Australian Citizenship Act 2007 (Cth) Judiciary Act 1903 (Cth) Bankruptcy Act 1966 (Cth) Migration Act 1958 (Cth) Nationality and Citizenship Act 1948 (Cth) Income Tax Act 1976 (NZ) Migration Regulations 1994 (Cth)
Cases cited: Geothermal Energy NZ Ltd v Inland Revenue Commissioner [1979] 2 NZLR 324 Lee v Minister for Immigration and Citizenship [2011] FCA 1458; (2011) 199 FCR 336 Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 Sok v Minister for Immigration and Citizenship (2008) 238 CLR 251 Macquarie Dictionary Online Halsbury's Laws of England (5th ed. as at 15 August 2016) Vol 37 (2013) at [117]
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