Sidhu by his litigation representative Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1459

Federal Court of Australia

Sidhu by his litigation representative Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1459 File number: NSD 308 of 2022

Judgment of: KATZMANN J

Date of judgment: 7 December 2022

Catchwords: ADMINISTRATIVE LAW — Citizenship — application for judicial review of decision affirming decision to cancel certificate of evidence of Australian citizenship provided by Minister with respect to Australian-born child of foreign nationals — where parents had resided in Australia for many years on a series of temporary visas and child travelled to India at the age of four months to be cared for by his grandparents while his mother was studying in Australia, whether child an Australian citizen by virtue of s 12(1)(b) of Citizenship Act 2007 (Cth) — where the child remained in India for five years and 10 months while his parents lived and worked in Australia, whether throughout the first 10 years of his life the child was "ordinarily resident" in Australia as defined by s 3 of Citizenship Act in that Australia was his "permanent abode" and his absence was temporary

Legislation: Australian Citizenship Act 2007 (Cth) ss 3, 12, 37 Migration Act 1958 (Cth) ss 3, 30 Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 21(1) Migration Regulations 1994 (Cth), Sch 2, cl 572.223

Cases cited: Kim v Minister for Immigration and Border Protection (2016) 248 FCR 263 Lee v Minister for Immigration and Citizenship (2011) 199 FCR 336 LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141