Waraich v Minister for Home Affairs [2021] FCAFC 155 (26 August 2021) (Bromberg, Katzmann and Cheeseman JJ)


Catchwords:


ADMINISTRATIVE LAW – revocation of Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) – appeal from decision of primary judge dismissing appeal on a question of law from decision of Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where the primary judge set aside the Tribunal’s reversal of the Minister’s decision to revoke the appellant’s citizenship – whether the Tribunal erred in its application of

s 34(2) – whether residual discretion is enlivened in circumstances where the Tribunal was not satisfied of a jurisdictional fact on which the power is conditioned – whether materiality is such that the Court should refuse relief – Held: appeal dismissed.