Gan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 375

Federal Court of Australia

Gan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 375 Review of: Application for judicial review of the Administrative Appeals Tribunal decision delivered on 23 October 2020 by Member Dr L Bygrave

File number: NSD 1216 of 2020

Judgment of: BURLEY J

Date of judgment: 16 April 2021

Catchwords: MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – where Tribunal upheld decision of delegate of the Minister to refuse the applicant's citizenship application – objection to competency of the application – application dismissed for lack of competency

Legislation: Australian Citizenship Act 2007 (Cth) s 21, s 22, s 22A, s 22B, s 23, s 24 Administrative Appeals Tribunal Act 1975 (Cth) s 42B(1)(b), s 44

Cases cited: Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 31

Date of hearing: 31 March 2021

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the Respondent: Ms A Zinn of Mills Oakley

ORDERS NSD 1216 of 2020

BETWEEN: SING KIAN GAN Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent

order made by: BURLEY J DATE OF ORDER: 16 April 2021

THE COURT ORDERS THAT:

1. The Notice of Objection to Competency filed on 19 November 2020 be upheld. 2. The applicant is to pay the respondent's costs, as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.