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The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers a person's legal belonging to a state and is the common term used in international treaties when referring to members of that polity; citizenship refers to the set of rights and duties a person has in that nation. [3]
This enabled an immigration official to exercise a discretion to detain the plaintiffs under s189(3) of the act. [4] As people assigned 'offshore entry person' status, neither plaintiff was allowed to apply for a visa except at the discretion of the Minister. He didn't consider granting that permission. Neither was he obliged to. [4]
Each appeal argued that insufficient reasons had been provided by the decision makers who had denied the plaintiffs visas, under the act. Section 430 of the act mandated that decision makers provide reasons for their decision. All four appeal proceedings were successful before the Full Federal Court. [2]
NZYQ v Minister for Immigration Court High Court of Australia Full case name NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs Decided 28 November 2023 Citation HCA 37 Court membership Judges sitting Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ Case opinions Detention of non-citizens is not for a non-punitive purpose if there is no real prospect of ...
A delegate of the Minister for Immigtration and citizenship was not satisfied that the applicant's claims of homosexuality were credible and decided not to grant him a protection visa. [ 5 ] The applicant applied to the Refugee Review Tribunal , which was created to provide a merits review of decisions relating to the grant of protection visas ...
The Australian citizenship test is a test applicants for Australian citizenship who also meet the basic requirements for citizenship are required to take. In order to be able to take the test, one must be a permanent resident of Australia and one must have applied for Australian citizenship. [ 1 ]
Between 2001 and 2023, SCV holders who wanted to become Australian citizens first needed to apply for and obtain a permanent visa under one of the migration programs. On 1 July 2023, new legislation was introduced to consider SCV holders permanent residents for the purposes of Australian citizenship, allowing them to apply directly for citizenship.
The decision was based on the requirement in the Commonwealth Electoral Act 1918 that a candidate must be an Australian citizen. [11] The High Court expressly declined to rule on the question of whether being a citizen of the United Kingdom would also disqualify a candidate from election.