Younas v Commonwealth of Australia (No 2) [2024] FCA 853

Federal Court of Australia

Younas v Commonwealth of Australia (No 2) [2024] FCA 853 File number: VID 698 of 2023

Judgment of: WHEELAHAN J

Date of judgment: 2 August 2024

Catchwords: MIGRATION — citizenship – Australian Citizenship Act 1948 (Cth) s 10B(1) – where the applicant sought a declaration that he is an Australian citizen – where the applicant claimed that he obtained citizenship under s 10B(1) in 2007, on the basis that his biological uncle was his non-biological parent at the time of his birth – H v Minister for Immigration and Citizenship [2010] FCAFC 119; 188 FCR 393, applied – Held: the applicant's biological uncle was not a parent of the applicant at the time of his birth – application dismissed.

Legislation: Australian Citizenship Act 1948 (Cth) s 10B(1) Australian Citizenship Act 2007 (Cth) ss 4, 16(2) Criminal Code (Cth) s 135.1(7) Customs Act 1901 (Cth) s 233B(1)(d) Evidence Act 1995 (Cth) ss 38, 44, 136, 140, 140(2)

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chou v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 130; 286 FCR 459 Da Costa v Cockburn Salvage & Trading Pty Ltd (1970) 124 CLR 192 G v H (1994) 181 CLR 387 H v Minister for Immigration and Citizenship [2010] FCAFC 119; 188 FCR 393 Jones v Dunkel (1959) 101 CLR 298 Lieu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 758 Masson v Parsons [2019] HCA 21; 266 CLR 554 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration, Citizenship and Multicultural Affairs v Su [2024] FCAFC 68 Younas v Commonwealth of Australia (Evidentiary Ruling) [2024] FCA 357 Benmax v Austin Motor Co Ltd [1955] AC 370 In re G (Children) [2006] 1 WLR 2305