By Dan Star QC -
Key decisions
- G v Minister for Immigration and Border Protection [2018] FCA 1229
- LFDB v MS S M [2018] FCA 1397
- Unique International College Pty Ltd v Australian Competition and Consumer Commission [2018] FCAFC 155
ADMINISTRATIVE LAW – JUDICIAL REVIEW
Whether inflexible application of government policy – whether aspects of the policy unlawful
In G v Minister for Immigration and Border Protection [2018] FCA 1229 (17 August 2018) the Court held that the decision of the Administrative Appeals Tribunal (‘AAT’) to refuse the applicant’s application for Australian citizenship should be set aside and remitted for determination according to law.
The applicant (who has a severe language disability, borderline low IQ and Autism Spectrum Disorder) was a child born in Australia to Albanian parents. His parents unsuccessfully applied for protection visas, however, the applicant himself was granted a protection visa many years later. The applicant became a permanent resident even though the migration status of his parents was uncertain and his father was being held in immigration detention. The permanent residence status of the applicant meant he was eligible to apply for Australian citizenship, which he did. His application for citizenship was refused by a delegate of the Minister and, on review, the AAT affirmed the delegate’s decision.
