Khoury, Michelle Atour v Grey, R.A. (Commissioner of Police) [1984] FCA 317

Khoury, Michelle Atour v Grey, R.A. (Commissioner of Police) [1984] FCA 317

The applicant had made out facts sufficient to raise a prima facie case for relief on the question whether his acquisition of Paraguayan citizenship was 'voluntary' within the meaning of s.17 of the Australian Citizenship Act; the balance of convenience favours, and the court thus grants, interim relief by extension of the applicant's passport for three months pending final determination.

Parties
Applicant: Thomas Barton; First Respondent: The Minister for Foreign Affairs; Second Respondent: The Minister for Immigration and Ethnic Affairs
Jurisdiction
Australia
Judgment Date
05 October 1984
Procedural Posture
Application for Judicial Review / Interim Relief Application
Outcome
Interim mandatory order granted; further hearing adjourned; costs reserved.
Legal Topics
Judicial Review of Administrative Decisions, Loss of Australian Citizenship by Acquisition of Foreign Citizenship, Interim Relief, Extension of Passport
Administrative Law Immigration Law Citizenship Law Judicial Review of Administrative Decisions Loss of Australian Citizenship by Acquisition of Foreign Citizenship Interim Relief Extension of Passport

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Parties

Thomas Barton

Applicant

The Minister for Foreign Affairs

First Respondent

The Minister for Immigration and Ethnic Affairs

Second Respondent

Procedural Posture

Application for Judicial Review / Interim Relief Application

Legal Issues

  1. 1 Whether the applicant's acquisition of Paraguayan citizenship was a 'voluntary' act under s.17 of the Australian Citizenship Act, 1948, causing loss of Australian citizenship
  2. 2 Whether the interim mandatory order to extend the passport should be granted

Ratio Decidendi

The applicant had made out facts sufficient to raise a prima facie case for relief on the question whether his acquisition of Paraguayan citizenship was 'voluntary' within the meaning of s.17 of the Australian Citizenship Act; the balance of convenience favours, and the court thus grants, interim relief by extension of the applicant's passport for three months pending final determination.

Court Disposition

Interim mandatory order granted; further hearing adjourned; costs reserved.

Orders

  • Make orders 1 and 2 as asked in the notice of motion.
  • The first respondent is directed by an authorised officer to extend the subject passport for three months.