VFWQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 230

FEDERAL COURT OF AUSTRALIA

VFWQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 230 Appeal from: VFWQ v Minister for Home Affairs [2019] AATA 1096

File number: WAD 344 of 2019

Judge: BANKS-SMITH J

Date of judgment: 28 February 2020

Catchwords: MIGRATION - citizenship application - where Administrative Appeals Tribunal affirmed decision of delegate to refuse the applicant citizenship on character grounds - date at which the Tribunal must assess character under s 21(2)(h) of Australian Citizenship Act 2007 (Cth) - where Tribunal said it assessed satisfaction as to good character as at date of delegate's decision - where Tribunal also referred to assessment of good character as at date of citizenship application - whether error by Tribunal comprised jurisdictional error - whether error material - whether description of applicant's conduct as 'calculated' indicated finding as to nature of dishonesty without evidentiary foundation - application allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Australian Citizenship Act 2007 (Cth) ss 20, 21, 24, 52, 53

Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Avon Downs Pty Ltd v Commissioner of Taxation (Cth) (1949) 78 CLR 353 BOY19 v Minister for Immigration and Border Protection [2019] FCA 574 Buck v Bavone (1976) 135 CLR 110 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Commonwealth of Australia v Horsfall [2010] FCA 443; (2010) 185 FCR 66 Freeman v Secretary, Department of Social Security (1988) 19 FCR 342 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16 Gallacher v Secretary, Department of Social Services [2015] FCA 1123 Grass v Minister for Immigration and Border Protection [2015] FCAFC 44; (2015) 231 FCR 128 Harris v Secretary, Department of Employment and Workplace Relations [2007] FCA 404; (2007) 158 FCR 252 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Irving v Minister of State for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422 Kozanoglu v Pharmacy Board of Australia [2012] VSCA 295; (2012) 36 VR 656 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11; (2003) 215 CLR 518 SFLB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1610 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456 Tsvetnenko v United States of America [2019] FCAFC 74 Yu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 209