Minister for Home Affairs v Lee [2021] FCAFC 89 (31 May 2021) (Logan, Kerr and Banks-Smith JJ)


Catchwords:


MIGRATION – appeal against declaration that the respondent is an “Australian citizen” within meaning of s 4(1)(b) of the Australian Citizenship Act 2007 (Cth) – where respondent born in the Australian external territory of Papua prior to Independence Day – where respondent’s parents both naturalised Australian citizens – whether the respondent became a citizen of Papua New Guinea (PNG) on Independence Day by virtue of s 64 and s 65 of the PNG Constitution and regulation 4 of the Papua New Guinea Independence (Australian Citizenship) Regulation 1975 (Cth) – whether the respondent would have been an “immigrant” for the purpose of s 6(1) of the Migration Act 1958 (Cth) as at 16 September 1975 – consideration of “immigration” in s 51(xxvii) of the Constitution – where respondent’s parents held domicile of Australia – whether respondent held domicile in Australia – appeal dismissed

PRACTICE AND PROCEDURE – where appeal required consideration of the unwritten law of PNG – where the law reports and legislation of PNG taken into account pursuant to s 174 and s 175 of the Evidence Act 1995 (Cth) – parties given opportunity to make further submissions on additional material considered by the Court