Morrell, Emma Nitta v Minister for Immigration & Multicultural Affairs & Anor [1996] FCA 335

Morrell, Emma Nitta v Minister for Immigration & Multicultural Affairs & Anor [1996] FCA 335

Since Mr Underwood was a prohibited non-citizen and later an illegal entrant at the relevant times, he was not a permanent resident when the children were born. Accordingly, the children were not Australian citizens by birth under the Australian Citizenship Act 1948, and the delegate's decision did not involve an error of law.

Parties
Applicant: Emma Nitta Morrell; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Barbara Mauro
Jurisdiction
Australia
Judgment Date
10 May 1996
Procedural Posture
Order of Review Under Administrative Decisions (judicial Review) Act 1977 and Relief Under S 39 B of the Judiciary Act 1903 / Judgment After Hearing, Amended Application Seeking Review of Delegate's Decision
Outcome
Application dismissed
Legal Topics
Children Born in Australia, Permanent Residency Status, Delegated Immigration Decisions, Procedural Fairness, Error of Law
Citizenship Administrative Law Immigration Children Born in Australia Permanent Residency Status Delegated Immigration Decisions Procedural Fairness Error of Law

Case Brief

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Parties

Emma Nitta Morrell

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Barbara Mauro

Second Respondent

Procedural Posture

Order of Review Under Administrative Decisions (judicial Review) Act 1977 and Relief Under S 39 B of the Judiciary Act 1903 / Judgment After Hearing, Amended Application Seeking Review of Delegate's Decision

Legal Issues

  1. 1 Whether the applicant's children were Australian citizens by birth under the Australian Citizenship Act 1948
  2. 2 Whether the father (Ian Geoffrey Underwood) was a permanent resident at the time of the children's birth
  3. 3 Whether the delegate's decision involved an error of law

Ratio Decidendi

Since Mr Underwood was a prohibited non-citizen and later an illegal entrant at the relevant times, he was not a permanent resident when the children were born. Accordingly, the children were not Australian citizens by birth under the Australian Citizenship Act 1948, and the delegate's decision did not involve an error of law.

Court Disposition

Application dismissed

Orders

  • The amended application dated 29 June 1995 be dismissed.
  • The applicant pay the respondents' costs of the proceeding other than in respect of the claims in Part B of the amended application.