Shapkin v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 681

Shapkin v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 681

Where s 24(6) of the Citizenship Act 2007 (Cth) applies, precluding approval of a citizenship application due to pending criminal proceedings or an extant correction order, neither the Minister nor the Tribunal is under a duty to separately assess or make a decision regarding the good character criterion in s...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2024
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['judicial Review' 'australian Citizenship by Conferral' 'good Character Criterion' 'statutory Interpretation of Citizenship Act' 'duty to Assess Eligibility Criteria' 'prohibitions Under S 24(6) Citizenship Act']
['administrative Law' 'immigration Law' 'citizenship Law'] ['judicial Review' 'australian Citizenship by Conferral' 'good Character Criterion' 'statutory Interpretation of Citizenship Act' 'duty to Assess Eligibility Criteria' 'prohibitions Under S 24(6) Citizenship Act']

Source-derived case record

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Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

  1. 1 ['Whether the Minister or Tribunal is under a duty to assess the good character criterion (s 21(2)(h)) when a prohibition in s 24(6) applies' 'Whether failure to assess good character under s 21(2)(h) constitutes failure to make or delay in making a decision' 'Whether Tribunal erred in reliance on Lew v Minister for Immigration and Citizenship [2009] AATA 949']

Ratio Decidendi

Where s 24(6) of the Citizenship Act 2007 (Cth) applies, precluding approval of a citizenship application due to pending criminal proceedings or an extant correction order, neither the Minister nor the Tribunal is under a duty to separately assess or make a decision regarding the good character criterion in s 21(2)(h), and failure to do so does not constitute legal error or a failure to make a decision for the purposes of judicial review.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent.']