Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v Lieu, by her Litigation Representative Nguyen [2023] FCAFC 57 (13 April 2023) (Mortimer CJ; Anderson and Hespe JJ)


Catchwords:


MIGRATION – delegate of Minister’s refusal to give notice of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37 – application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the Judiciary Act 1903 (Cth) – where primary judge determined that the delegate’s decision was legally unreasonable in process and outcome – whether primary judge erred in finding that the delegate misunderstood, or failed to appreciate the significance of certain documents as evidence of parentage – whether primary judge erred in finding the delegate’s decision was legally unreasonable in outcome – where the delegate did not understand and apply the law in H v Minister for Immigration and Citizenship [2010] FCAFC 119; 188 FCR 393 with respect to the test of parentage – where the delegate’s reasoning so departed from the underlying premise of his statutory task as to constitute legal unreasonableness – appeal dismissed