Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Judd v Minister for Immigration and Border Protection [2017] FCA 827 Appeal from: Judd v Minister for Immigration and Border Protection [2017] AATA 239
File number(s): NSD 453 of 2017
Judge(s): PERRY J
Date of judgment: 24 July 2017
Catchwords: MIGRATION – where applicant applied for Australian citizenship by conferral under s24(1), Australian Citizenship Act (2007) (Cth) – where Administrative Appeals Tribunal affirmed Minister's decision refusing approval – whether Tribunal breached requirements of procedural fairness by making adverse findings without notice – application allowed
Legislation: Australian Citizenship Act 2007 (Cth), ss 19G, 20, 21, 22, 22A, 22B, 23, 23A, 24, 25, 26, 27, 28 Administrative Appeals Tribunal Act 1975 (Cth), s 44 Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 424A
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; (1994) 49 FCR 576 Hneidi v Minister for Immigration and Citizenship [2010] FCAFC 20; (2010) 182 FCR 115 Kioa v West (1985) 159 CLR 550 Lidono Pty Ltd v Commissioner of Taxation [2002] FCA 174; (2002) 67 ALD 656 Lin v Minister for Immigration and Citizenship [2009] FCA 494; (2009) 176 FCR 371 Lo v Minister for Immigration & Border Protection [2014] AATA 736; (2014) 144 ALD 450 Minister for Immigration & Border Protection v Han [2015] FCAFC 79; (2015) 231 FCR 113 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Puafisi v Minister for Immigration and Citizenship [2008] FCAFC 39 Re Ann Nee Chang and Minister for Immigration and Citizenship [2009] AATA 14 Re Saba and Minister for Immigration and Border Protection [2014] AATA 579 Re Sabumei and Minister for immigration and Border Protection [2014] AATA 648 Smith v NSW Bar Association (1992) 176 CLR 258 Somaghi Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 SZBEL v Minsiter for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALR 630
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