Minister for Home Affairs v G [2019] FCAFC 79 (21 May 2019) (Murphy, Moshinsky and O’Callaghan JJ)


Catchwords:


ADMINISTRATIVE LAW – executive policy – Australian Citizenship Act 2007 (Cth) – Australian Citizenship Instructions – where primary judge declared part of the Instructions (being an executive policy) to be inconsistent with the Act and unlawful – principles applicable to whether an executive policy is inconsistent with a statute and unlawful

CITIZENSHIP – citizenship by conferral – children under 16 years – Australian Citizenship Instructions – whether a part of the Instructions (relating to children under 16 years seeking citizenship by conferral) was inconsistent with the Australian Citizenship Act 2007 (Cth) and therefore unlawful