Makarov v Minister for Home Affairs (No 3) [2020] FCA 1655

Makarov v Minister for Home Affairs (No 3) [2020] FCA 1655

Although the Minister failed to apply an active intellectual process to the prospect of statelessness because there was insufficient information about Mr Makarov's Ukrainian citizenship, the extraordinary delay of 12 years, prejudice to the Minister, and the public interest in finality justified refusal of relief. Consequently, the application was dismissed.

Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Judicial Review Application Under S 39 B of the Judiciary Act 1903 (cth) / Final Judgment
Outcome
Application dismissed
Legal Topics
['revocation of Australian Citizenship' 'jurisdictional Error' 'statelessness' 'delay in Seeking Judicial Review' 'ministerial Discretion']
['administrative Law' 'constitutional Law' 'human Rights'] ['revocation of Australian Citizenship' 'jurisdictional Error' 'statelessness' 'delay in Seeking Judicial Review' 'ministerial Discretion']

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Procedural Posture

Judicial Review Application Under S 39 B of the Judiciary Act 1903 (cth) / Final Judgment

Legal Issues

  1. 1 ["Whether the Minister's decision to revoke Australian citizenship was vitiated by jurisdictional error for failure to make further inquiries regarding Ukrainian citizenship status." 'Whether the Minister failed to engage in an active intellectual process towards the required matters under s 34(2) and (3) of the Australian Citizenship Act 2007 (Cth).' 'Whether the Minister failed to exercise discretion in making the revocation decision.' 'Whether relief should be refused on discretionary grounds due to delay.']

Ratio Decidendi

Although the Minister failed to apply an active intellectual process to the prospect of statelessness because there was insufficient information about Mr Makarov's Ukrainian citizenship, the extraordinary delay of 12 years, prejudice to the Minister, and the public interest in finality justified refusal of relief. Consequently, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs."]