Minister for Immigration, Citizenship and Multicultural Affairs v Lieu, by her Litigation Representative Nguyen

[2023] FCAFC 57

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Interrogate

Catchwords

1. Migration
1. delegate of Minister’s refusal to give notice of Australian Citizenship pursuant to Australian Citizenship Act 2007 (Cth) s 37
1. application pursuant to s 5(1)(f) of the Administrative Decisions (Judicial Review) Act and s 39B of the Judiciary Act 1903 (Cth)
1. appeal dismissed

Quick Take

Delegates assessing citizenship by birth applications must apply the H test of parentage (which includes social and legal factors, not just biology), must understand the legislative context of government records such as birth certificates, child support documents and Medicare cards, and cannot dismiss 'self-declared' evidence as inherently lacking probative value.