Minister for Home Affairs v Lee [2021] FCAFC 89

Minister for Home Affairs v Lee [2021] FCAFC 89

The respondent, by virtue of his parents' naturalised Australian citizenship and their domicile and intention to reside in Australia, had a right to permanent residence in Australia at Independence Day; therefore, he did not automatically become a citizen of Papua New Guinea under s 65(1) of its Constitution, and reg 4 of the Papua New Guinea Independence (Australian Citizenship) Regulations 1975 (Cth) did not deprive him of his Australian citizenship.

Parties
Appellant: Minister for Home Affairs; Respondent: Troyrone Zen Lee
Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Appeal / Final Judgment of the Full Court Following Appeal
Outcome
Appeal dismissed.
Legal Topics
Citizenship, Statelessness, Dual Citizenship, Interpretation of Foreign Law, Permanent Residence, Domicile
Administrative Law Constitutional Law Migration Law Citizenship Statelessness Dual Citizenship Interpretation of Foreign Law Permanent Residence +1 more

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Parties

Minister for Home Affairs

Appellant

Troyrone Zen Lee

Respondent

Procedural Posture

Appeal / Final Judgment of the Full Court Following Appeal

Legal Issues

  1. 1 Whether the respondent, born in pre-independence Papua to naturalised Australian citizen parents, became a citizen of Papua New Guinea on Independence Day under the PNG Constitution and associated regulations, such that Australian citizenship was lost.
  2. 2 Whether the respondent had a right to permanent residence in Australia at Independence Day, thus precluding the automatic acquisition of PNG citizenship under s 65(4)(a) of the PNG Constitution.

Ratio Decidendi

The respondent, by virtue of his parents' naturalised Australian citizenship and their domicile and intention to reside in Australia, had a right to permanent residence in Australia at Independence Day; therefore, he did not automatically become a citizen of Papua New Guinea under s 65(1) of its Constitution, and reg 4 of the Papua New Guinea Independence (Australian Citizenship) Regulations 1975 (Cth) did not deprive him of his Australian citizenship.

Court Disposition

Appeal dismissed.

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of and incidental to the appeal, to be fixed by a registrar if not agreed.