Balladraf v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 698

Federal Court of Australia

Balladraf v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 698 Appeal from: Balladraf v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2021] AATA 4733

File number(s): NSD 37 of 2022

Judgment of: BROMWICH J

Date of judgment: 17 June 2022

Catchwords: MIGRATION – appeal from Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – Tribunal affirmed delegate's decision that the applicant did not meet the citizenship eligibility criterion of being of good character under Australian Citizenship Act 2007 (Cth) – whether the Tribunal failed to consider whether applicant was of good character as at the time of the application – whether the Tribunal did not focus on the applicant's character at the time of the decision based on language used in reasons – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(1), 44 Australian Citizenship Act 2007 (Cth) ss 20, 21(1), 21(2) – (8), 21(2)(a) – (h), 24(1), 24(1A)

Cases cited: Irving v Minister for Immigration (1996) 68 FCR 422 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 26

Date of hearing: 2 June 2022

Counsel for the Applicant: L Karp