Federal Court of Australia
Federal Court of Australia
Erden v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1531 File number: VID 552 of 2021
Judgment of: THOMAS J
Date of judgment: 7 December 2021
Catchwords: CITIZENSHIP – separate question for determination – whether applicant an Australian citizen – where applicant contends that he was granted citizenship as a minor included on his parents' applications for citizenship – where onus is on applicant to prove that he had been granted citizenship – where applicant contends that the granting of citizenship is not dependent on the issuance of, or inclusion on, a certificate of Australian citizenship Held: Applicant is not an Australian citizen
Legislation: Australian Citizenship Act 1948 (Cth): ss 5, 12, 13, 15, 17, 22, 23C, 23D, 32 Australian Citizenship Act 2007 (Cth) Australian Citizenship Amendment Bill 1983 (Cth) Migration Act 1958 (Cth): ss 189, 501 Nationality and Citizenship Bill 1948 (Cth) Federal Court Rules 2011 (Cth), r 30.01
Cases cited: Blatch v Archer [1774] 1 Cowp 63 Cayzer v Minister for Immigration and Border Protection (2016) 249 FCR 250 Shahi v Minister for Immigration and Citizenship (2011) 246 CLR 163
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 112
Date of last submissions: 30 November 2021
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