SZRTN v Minister for Immigration and Border Protection [2015] FCA 305
The applicant was not deemed to have been born in Australia under the statutory provisions because the evidence established he was born in Samoa; therefore, neither the Australian Citizenship Act 1948 nor the Australian Citizenship Act 2007 conferred Australian citizenship on him as an abandoned child.
- Jurisdiction
- Australia
- Judgment Date
- 02 April 2015
- Procedural Posture
- Judicial Review / Civil Claim / Final Hearing and Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- ['australian Citizenship by Abandonment' 'statutory Interpretation of Abandoned Children Provisions']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Judicial Review / Civil Claim / Final Hearing and Judgment
Legal Issues
- 1 ['Whether section 14 of the Australian Citizenship Act 2007 (Cth) conferred citizenship on the applicant as an abandoned child' 'Whether the applicant was an Australian citizen under the Australian Citizenship Act 1948 (Cth) as applied by s 4 of the Australian Citizenship Act 2007 (Cth)' "Whether the facts established the applicant was 'found abandoned' within the meaning of the statute"]
Ratio Decidendi
The applicant was not deemed to have been born in Australia under the statutory provisions because the evidence established he was born in Samoa; therefore, neither the Australian Citizenship Act 1948 nor the Australian Citizenship Act 2007 conferred Australian citizenship on him as an abandoned child.
Court Disposition
Application dismissed with costs
Orders
- ['The application be dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment