Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Koka [2020] FCA 1471 Appeal from: Koka and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2019] AATA 5289 (10 December 2019)
File number: VID 9 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 14 October 2020
Catchwords: CITIZENSHIP – citizenship by descent – where applicant for citizenship born outside Australia – where applicant for citizenship was adopted under the laws of Albania at the age of 13 – where adoptive parent was an Australian citizen at time of adoption and had been an Australian citizen at the time of birth of the applicant for citizenship – whether Tribunal erred in its construction of s 16(2) of the Australian Citizenship Act 2007 (Cth) – whether the criteria in s 16(2) can operate on a deemed basis
Legislation: Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB Administrative Appeals Tribunal Act 1975 (Cth), s 44 Australian Citizenship Act 2007 (Cth), ss 3, 6, 11A, 12, 13, 14, 15, 15A, 16, 17, 18, 19, 19A, 19D, 19G, 21, 24, 28A
Cases cited: Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 H v Minister for Immigration and Citizenship (2010) 188 FCR 393 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362
Division: General Division
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