Makarov v Minister for Home Affairs (No 3) [2020] FCA 1655

Federal Court of Australia

Makarov v Minister for Home Affairs (No 3) [2020] FCA 1655 File number: NSD 1891 of 2019

Judgment of: KATZMANN J

Date of judgment: 17 November 2020

Catchwords: ADMINISTRATIVE LAW — application under s 39B of Judiciary Act 1903 (Cth) for order quashing decision made under s 34(2) of Australian Citizenship Act 2007 (Cth) to revoke Australian citizenship — where applicant convicted of multiple sexual offences against minors and Minister was satisfied that it would be contrary to the public interest for him to remain an Australian citizen but Minister precluded by law from making such a decision if satisfied that he would thereby become "a person who is not a national or citizen of any country" — whether Minister's decision vitiated for jurisdictional error — where applicant was a Ukrainian national when he arrived in Australia and Minister's Department had obtained some general information about the effect of obtaining Australian citizenship on a person of Ukrainian nationality, whether Minister's failure to make further inquiries on the subject was legally unreasonable — where Minister failed to provide reasons for decision, whether Minister failed to consider the material before him before making the decision — whether Minister failed to recognise that his power to revoke citizenship was discretionary — where application made 12 years after the decision, whether relief should be refused on discretionary grounds

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AC, 25D, 33(2A) Administrative Decisions Judicial Review Act 1977 (Cth) s 5 Australian Citizenship Act 1948 (Cth) Australian Citizenship Act 1973 (Cth) Australian Citizenship Act 2007 (Cth) ss 34(2), 47 Australian Citizenship Amendment Act 1984 (Cth) Evidence Act 1995 (Cth) s 136 Judiciary Act 1903 (Cth) s 39B Explanatory Memorandum to the Australian Citizenship Amendment Bill 1983 Convention on the Reduction of Statelessness, (opened for signature 30 August 1961, entered into force 13 December 1975), Art 8(1).