Federal Court of Australia
Federal Court of Australia
Lumumba v Commonwealth of Australia [2022] FCA 527 File number: VID 236 of 2022
Judgment of: SNADEN J
Date of judgment: 4 May 2022
Date of publication of reasons: 9 May 2022
Catchwords: ADMINISTRATIVE LAW – migration and citizenship –prospective applicant registered as an Australian citizen by descent under the Australian Citizenship Act 1948 (Cth) – prospective applicant's citizenship cancelled on 12 October 2005 pursuant to Australian Citizenship Regulations 1960 (Cth) – prospective applicant maintained that he was unaware of cancellation of citizenship – prospective applicant in immigration detention – prospective applicant notified of intended removal from Australia PRACTICE AND PROCEDURE – urgent application before the start of a proceeding – prospective applicant intends to file application for judicial review of the decision to cancel citizenship – application for interlocutory relief to restrain the prospective respondent from effecting the prospective applicant's removal from Australia – grounds of prospective applicant's foreshadowed application arguable – prima facie case established – balance of convenience favours the interlocutory relief sought – application granted
Legislation: Australian Citizenship Act 1948 (Cth) Australian Citizenship Regulations 1960 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)
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