Federal Court of Australia
Federal Court of Australia
Gan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 91 Appeal from: Gan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 375
File number(s): NSD 434 of 2021
Judgment of: ABRAHAM J
Date of judgment: 11 February 2022
Catchwords: MIGRATION – application for extension of time and leave to appeal from judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal upheld decision of the Minister's delegate to refuse the applicant's citizenship application – where applicant did not meet the general residence requirements – where ss 22(1) and 22(1B) of the Australian Citizenship Act 2007 (Cth) require the applicant to be present in Australia as a permanent resident for the 12 months preceding the application but allow for an absence of not more than 90 days – where applicant was absent for 155 days – no arguable case in draft notice of appeal – application dismissed with costs PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – application dismissed with costs
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42B(1)(b), 44(1) Australian Citizenship Act 2007 (Cth) ss 21, 22, 22A, 22B, 23, 24(1A) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 37M
Cases cited: Bellamy's Australia Limited v Basil [2019] FCAFC 147; (2019) 372 ALR 638 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 EBT17 v Minister for Home Affairs [2019] FCA 200 Gan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 375 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; (2000) 104 FCR 564 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110; (2016) 152 ALD 478 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Parker v The Queen [2002] FCAFC 133 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Snowside Pty Ltd as trustee for the Snowside Trust, in the matter Boart Longyear Ltd [2019] FCA 2159
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