FMR18 v Minister for Home Affairs [2018] FCA 1632

FEDERAL COURT OF AUSTRALIA

FMR18 v Minister for Home Affairs [2018] FCA 1632 File number: NSD 710 of 2018

Judge: MARKOVIC J

Date of judgment: 1 November 2018

Catchwords: MIGRATION – entitlement to citizenship – where the applicant was born in China – where the applicant's claimed father is an Australian citizen – where no DNA testing was done to confirm whether the applicant's claimed father was in fact the biological father of the applicant – whether the applicant is an Australian citizen by descent under s 10B of the Australian Citizenship Act 1948 (Cth) and now an Australian citizen under s 4(b) of the Australian Citizenship Act 2007 (Cth) – whether non-publication orders should be made pursuant to s 37AF(1)(a) of the Federal Court of Australia Act 1976 (Cth) prohibiting the publication of information tending to reveal the applicant's identity and the identities of her litigation guardian and father – application allowed.

Legislation: Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth) Sch 1, Pt 2, Item 42 Australian Citizenship Act 1948 (Cth) ss 10B, 52A Australian Citizenship Act 2007 (Cth) ss 4(b), 16(2) Family Law Act 1975 (Cth) s 121 Federal Court of Australia Act 1976 (Cth) ss 37AI, 37AE, 37AF(1)(a), 37AG(1)(a) Judiciary Act 1903 (Cth) s 39B(1A)(c)

Cases cited: CFB18 v Reader Lawyers & Mediators [2018] FCA 611 Chen v Migration Agents Registration Authority (No 1) [2016] FCA 649 H v Minister for Immigration and Citizenship (2010) 188 FCR 393 Kim v Minister for Immigration and Border Protection (2016) 248 FCR 263 Lee v Minister for Immigration and Citizenship (2011) 199 FCR 336