Minister for Home Affairs v Zadeh (No 2) [2018] FCA 1828

FEDERAL COURT OF AUSTRALIA

Minister for Home Affairs v Zadeh (No 2) [2018] FCA 1828 Appeal from: Zadeh and Minister for Home Affairs [2018] AATA 2145

File number: NSD 1413 of 2018

Judge: THAWLEY J

Date of judgment: 22 November 2018

Catchwords: ADMINISTRATIVE LAW – appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal – whether Tribunal misconstrued Ministerial Determination IMMI 11/088 made under s 23A of the Australian Citizenship Act 2007 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44A Australian Citizenship Act 2007 (Cth) Div 2, Subdiv B, ss 19G, 20, 21(1), 21(2), 21(2A), 23A, 24 Federal Court Rules 2011 (Cth) r 33.12

Cases cited: Minister for Home Affairs v Zadeh [2018] FCA 1452

Date of hearing: 22 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 40

Counsel for the Appellant: Mr DA Hughes

Solicitor for the Appellant: Clayton Utz

Counsel for the Respondent: The Respondent appeared in person with the assistance of an interpreter

ORDERS NSD 1413 of 2018

BETWEEN: MINISTER FOR HOME AFFAIRS Appellant

AND: HOSEIN GHASEM ZADEH Respondent

JUDGE: THAWLEY J DATE OF ORDER: 22 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The proceeding be remitted to the Administrative Appeals Tribunal for determination according to law. 3. There be no order as to costs.