Recent Cases

Egan v Minister for Home Affairs [2021] FCAFC 85 (28 May 2021) (Nicholas, Stewart and Abraham JJ)


ADMINISTRATIVE LAW – citizenship – appeal from Administrative Appeals Tribunal on question of law under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) – revocation of the applicant’s Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) – whether the Tribunal erred – whether discretion to revoke considered separately from public interest – whether the Tribunal considered an open offer made in the proceeding – whether the applicant was a dual citizen of Ireland – limited review of a state of satisfaction – whether if there was uncertainty in relation to the applicant’s dual citizenship that should have been considered in the exercise of the discretion – whether an earlier Tribunal decision was a thing in fact under the Australian Citizenship Act 2007 (Cth) despite being affected by jurisdictional error such as to make effective the applicant’s renunciation of Irish citizenship