Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Minister for Home Affairs [2020] FCA 487 File number: QUD 400 of 2019
Judge: RANGIAH J
Date of judgment: 17 April 2020
Catchwords: MIGRATION – application for declaration of Australian citizenship under s 4(1)(b) of the Australian Citizenship Act 2007 (Cth) – where applicant born in Papua before grant of independence to Papua New Guinea – whether applicant remained Australian citizen at time of independence - whether applicant was a naturalised citizen of Australia at time of independence – whether applicant had a right to permanent residence in Australia at time of independence – whether status of applicant can be determined by reference to status of mother – where applicant was four months old at time of independence – where applicant's mother had a right to permanent residence in Australia – applicant declared to be an Australian citizen
Legislation: Acts Interpretation Act 1901 (Cth) s 17(a) Australian Citizenship Act 1948 (Cth) ss 10(1), 12(1), 14(8) and 14(9) Australian Citizenship Act 2007 (Cth) s 4(1)(b) Migration Act 1958 (Cth) ss 5(1), 6(1), 6(3), 6(7), 6(8) and 18 Nationality and Citizenship Act 1948 (Cth) ss 5 and 15(5) Papua New Guinea Independence (Australian Citizenship) Regulations 1975 (Cth) reg 4 Papua New Guinea Independence Act 1975 (Cth) ss 4 and 6 Passports Act 1938 (Cth) ss 5(1), 7(1) and 12 Constitution of the Independent State of Papua New Guinea ss 64, 65(1), 65(4), 67, 68 and 69
Cases cited: Byrnes v Kendle (2011) 243 CLR 253 Donohoe v Wong Sau (1925) 36 CLR 404 McGinty v The State of Western Australia (1996) 186 CLR 140 Minister for Immigration and Ethnic Affairs v Petrovski (1997) 73 FCR 303 Minister for Immigration and Multicultural and Indigenous Affairs v Walsh (2002) 125 FCR 31 Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331 Pochi v Macphee (1982) 151 CLR 101 Potter v Minahan (1908) 7 CLR 277 R v Macfarlane; Ex Parte O'Flanagan (1923) 32 CLR 518 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Ame (2005) 222 CLR 439
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