Lumumba v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FCA 1523

FEDERAL COURT OF AUSTRALIA

Lumumba v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FCA 1523 File number(s): VID 236 of 2022

Judgment of: MORTIMER J

Date of judgment: 16 December 2022

Catchwords: MIGRATION – application for review of decision of Minister for Immigration, Citizenship and Multicultural Affairs to cancel registration of applicant's Australian citizenship by descent – relief sought under Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth) – whether extension of time should be granted – whether decision-maker failed to consider discretion – whether decision legally unreasonable – whether decision-maker denied applicant procedural fairness – whether decision-maker misconstrued the term "parent" in the Australian Citizenship Act 1948 (Cth) and Australian Citizenship Regulations 1960 (Cth) – whether reg 7C of the Regulations is invalid – application allowed on some grounds

Legislation: Constitution s 51(xix) Acts Interpretation Act 1901 (Cth) s 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16 Australian Citizenship Act 1948 (Cth) ss 5, 10, 10A, 10B, 10C, 11, 19, 21, 53 Australian Citizenship Act 2007 (Cth) s 4 Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth) Sch 3 Evidence Act 1995 (Cth) s 69 Family Law Act 1975 (Cth) Judiciary Act 1901 (Cth) s 39B Migration Act 1958 (Cth) ss 189, 196 Births, Deaths and Marriages Registration Act 1995 (NSW) Australian Citizenship Regulations 1960 (Cth) regs 7C, 22 Papua New Guinea Independence (Australian Citizenship) Regulations 1975 (Cth) reg 4