Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur

[2023] FCAFC 133

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Citizenship
1. appeal from declaration of primary judge of this Court
1. no error by the primary judge
1. appeal dismissed

Quick Take

Even prolonged absences of a child from Australia (here, over five years out of ten) may not defeat ordinary residence under s 12(1)(b) citizenship by birth where the absence was for a temporary purpose arising from family exigencies and the parents maintained a continuing intention for the child to return.

Case Details

Citation[2023] FCAFC 133

CourtFCAFC

JurisdictionCommonwealth

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 2 later cases that cite this judgment.

1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by2

Relies on3

Create free account

Already have an account? Sign in