Charlie v Minister for Immigration and Border Protection

In the Federal Court of Australia, the applicant, born in Papua in 1970, sought an extension of time to seek judicial review of the Minister for Immigration and Border Protection's decision not to revoke the cancellation of his visa on character grounds. The applicant contended that he may now be stateless, having lost his Papua New Guinean citizenship by entering or serving in the Australian Army without the approval of the Head of State of Papua New Guinea. The applicant argued that the Minister erred in finding him to be a citizen of Papua New Guinea and that the Minister failed to consider the prospect of his indefinite detention.

The court was required to decide whether the Minister erred in finding the applicant to be a citizen of Papua New Guinea and whether the Minister failed to consider a mandatory consideration, being the prospect of the applicant being indefinitely detained. The court considered the applicant's claim that he lost his Papua New Guinean citizenship when he entered or served in the Australian Army without the approval of the Head of State of Papua New Guinea. The court also considered whether the Minister was required to consider the prospect of the applicant being indefinitely detained.

The court held that the Minister did not err in finding the applicant to be a citizen of Papua New Guinea. The court found that the applicant was a citizen of Papua New Guinea by virtue of his birth in Papua and the fact that his grandparents were born in Papua. The court also held that the Minister was not required to consider the prospect of the applicant being indefinitely detained. The court found that the Minister's decision not to revoke the cancellation of the applicant's visa was not affected by the prospect of the applicant being indefinitely detained. The court refused the application for an extension of time.

The court granted leave to rely on the amended proposed originating application, refused the application for an extension of time, and ordered the applicant to pay the respondent's costs, to be agreed or assessed.