Recent Cases

Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133 (15 August 2023) (Logan, Burley and McEvoy JJ)


Catchwords:


ADMINISTRATIVE LAW – Citizenship – appeal from declaration of primary judge of this Court – where primary judge declared that Australian-born child of foreign nationals had been an Australian citizen since his 10th birthday by reason of s 12(1)(b) of the Australian Citizenship Act 2007 (Cth) – where parents had resided in Australia for many years on a series of temporary visas and child travelled to India at the age of four months to be cared for by his grandparents while his mother was studying in Australia – where the child remained in India for five years and 10 months while his parents lived and worked in Australia – whether primary judge erred in holding that throughout the first 10 years of his life the child was “ordinarily resident” in Australia as defined by s 3 of Citizenship Act – no error by the primary judge – appeal dismissed