Landmark case by Federal Court will redefines Australian Citizenship by descent

Published on February 27, 2010, By admin

The Federal Court is considering a landmark court case which may redefines the definition, method and process of obtaining the Australian citizenship by descent as the Citizenship minister had appealed and against a ruiling made by court tribunal for granting a young Fijian born women as an Australian Citizen.

The story is that a young Fijian born women aged 21 apply for an Australian Citizenship and she had arrived in Australia since the age of one years old. Her mother was married to an Australian citizen male and later found out from her mother that he was not the biological father.

The actual biological father told by the young women's mother is also an Australian Citizen, but however the young Fijian women was unable to provide any documentary evidences.

Despite without a biological father, the tribunal had considered and ruled that ''parent'' meant ''biological parent'', which was consistent with the use of word ''descent'' in the citizenship act.

On the other hand, the Counsel for the Citizenship minister had told the Federal Court that "a parent of the person'' under the citizenship act meant mother or father in the ordinary legal sense.

The results of the case is to be determined, and a ruiling by the Federal Court will certainly affected future application for citizenship by descent.


The Age -

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