Rong v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 673

Federal Court of Australia

Rong v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 673 Appeal from: Rong v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2020] AATA 6071 (18 December 2020)

File number(s): NSD 31 of 2021

Judgment of: GREENWOOD J

Date of judgment: 9 June 2022

Catchwords: MIGRATION – consideration of whether the Administrative Appeals Tribunal (the "Tribunal") engaged in jurisdictional error in reaching a decision to affirm a decision of the Minister's delegate to cancel the applicant's approval for the conferral of Australian citizenship under the provisions of the Australian Citizenship Act 2007 (Cth) on the ground that the applicant was "not of good character" having regard to conduct of participating in the submission of fraudulent documents to the Department of Immigration and Border Protection in support of an earlier application under the provisions of the Migration Act 1958 (Cth) for the grant of a Skilled Independent (Subclass 189) visa on her own behalf and on behalf of a family member described as her de facto partner STATUTES – consideration of, in particular, ss 21, 22, 22A(1B), 22B, 22C, 23A, 24, 25 and 28 of the Australian Citizenship Act 2007 (Cth)

Legislation: Australian Citizenship Act 2007 (Cth) Judiciary Act 1903 (Cth)

Cases cited: Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365