Applicant in QUD211 of 2019 v Commonwealth of Australia [2019] FCA 1022

FEDERAL COURT OF AUSTRALIA

Applicant in QUD211 of 2019 v Commonwealth of Australia [2019] FCA 1022 File number: QUD 211 of 2019

Judge: LOGAN J

Date of judgment: 28 May 2019

Catchwords: ADMINISTRATIVE LAW – application under s 45C of the Australian Citizenship Act 2007 (Cth) for a declaration that a seized document was not forfeited – where applicant applied for Australian citizenship by conferral – where applicant provided his passport to the relevant Department as part of his application – where document was seized under s 256B twenty months after passport was originally given – whether person who decided to seize the document had lawful authority to make that decision – the test under s 45B – reasonable suspicion – whether there was a foundation for a reasonable suspicion that the passport was bogus – whether there was a failure to take into account a relevant consideration – application dismissed

Legislation: Constitution s 51 Australian Citizenship Act 2007 (Cth) ss 3, 5, 20, 21, 45A, 45B, 45C Evidence Act 1995 (Cth) s 155A Federal Court of Australia Act 1976 (Cth) s 37SF Migration Act 1958 (Cth) s 5)

Cases cited: AGG17 v Commonwealth of Australia [2018] FCA 242 Burton v Honan (1952) 86 CLR 169 Forbes v Traders' Finance Corporation (1971) 126 CLR 429 George v Rockett (1990) 170 CLR 104 Goldie v The Commonwealth of Australia (2002) 117 FCR 566 Liversidge v Anderson [1942] AC 206 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Mutual Pools & Staff Pty Ltd v The Commonwealth of Australia (1994) 179 CLR 155 R v N [2015] QSC 91 Re Director of Public Prosecutions; Ex parte Lawler (1994) 179 CLR 270 Ruddock v Taylor (2005) 222 CLR 612 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220