Lieu (by her litigation guardian Nguyen) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 758

Federal Court of Australia

Lieu (by her litigation guardian Nguyen) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 758 File number(s): VID 430 of 2020

Judgment of: MCELWAINE J

Date of judgment: 4 July 2022

Catchwords: MIGRATION – review of Minister's refusal to give evidence of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37 – application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the Judiciary Act 1903 (Cth)– Minister's decision legally unreasonable in process and outcome – remittal to Minister for determination according to law – matter to be remitted to a person other than the delegate who made the decision, or any other delegate who has made a prior decision in this matter CITIZENSHIP – applicant born in Australia – applicant's birth registered in Victoria– applicant's birth certificate records Australian citizen father – applicant recorded on Medicare card of Australian citizen father – applicant receives child support from Australian citizen father – whether applicant is an Australian citizen – whether Minister's delegate erred in law in misunderstanding the effect of the material relied upon by the applicant EVIDENCE –birth certificate is prima facie evidence of parentage – presumption of parentage

Legislation: Australian Citizenship Act 2007 (Cth)ss 12, 37 Administrative Decisions (Judicial Review) Act 1977 s 5(1)(f) Judiciary Act 1903 (Cth) ss 39B, 79 Births, Deaths and Marriages Registration Act 1996 (Vic) Part 7, ss 12, 13, 14, 15, 16, 41, 46, 53, Statutory Declarations Act 1959 (Cth) ss 6, 11 Status of Children Act 1974 (Vic) s 8 Child Support (Assessment) Act 1989 ss 3, 5, 18, 19, 29 Parts 4, 5, 6 and 7 Health Insurance Act 1973 (Cth) s 10AA Federal Court Rules 2011 (Cth) r 40.02A