Federal Court of Australia
Federal Court of Australia
Tatla by his litigation guardian Grewal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1138 File number: NSD 1131 of 2022
Judgment of: KATZMANN J
Date of judgment: 25 September 2023
Catchwords: ADMINISTRATIVE LAW – citizenship – application for judicial review of decision refusing to issue certificate of evidence of Australian citizenship for Australian-born child of foreign nationals — where parents have resided in Australia for many years on a series of temporary visas and child travelled to India at the age of three 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 the Australian Citizenship Act 2007 (Cth) — where the child remained in India for over eight years while his parents lived 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 – where parents gave evidence about their intentions, whether, and to what extent, weight should be given to that evidence
Legislation: Australian Citizenship Act 2007 (Cth) ss 3, 12(1), 37 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 48 Migration Regulations 1994 (Cth) reg 2.12 Macquarie Dictionary (8th ed, Macquarie Dictionary Publishers, 2020)
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 Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Sidhu by his litigation representative Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1459
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