Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hamade v Minister for Immigration and Border Protection [2017] FCA 402 File number(s): NSD 539 of 2017
Judge(s): PERRAM J
Date of judgment: 18 April 2017
Catchwords: MIGRATION – application for interlocutory injunctive relief – cancellation of visa on character grounds where substantial criminal record –consideration of Australian Citizenship Act 1948 (Cth) (now repealed) – grant of Australian citizenship - whether Second Applicant 'responsible parent' – whether First Applicant included in Second Applicant's certificate of Australian citizenship granted in 1981 – whether Court has power to grant retrospective mandamus – declaratory relief
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Migration Act 1958 (Cth) s 501(3A) Australian Citizenship Act 1948 (Cth) (now repealed) ss 5(1), 13, 14(9), 15(1)(b), 15(4) Australian Citizenship Act 2007 (Cth) ss 21, 21(2), 21(2)(b)(ii) Australian Citizenship (Transitionals and Consequentials) Act 2007 Schedule 3 subitem 7(2)
Cases cited: Andary v Minister for Immigration & Multicultural Affairs [2002] FCA 1380 Save Our Suburbs (SOS) NSW Inc v Electoral Commissioner of New South Wales [2002] NSWSC 785; (2002) 55 NSWLR 642 Date of hearing: 18 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 44
Counsel for the Applicants: Mr A Ahmad
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