Grass v Minister for Immigration and Border Protection

Grass sought judicial review of a decision by the Minister for Immigration and Border Protection to cancel the approval of her application for Australian citizenship by conferral. The case was heard in the Federal Circuit Court of Australia. The applicant held a permanent visa and was married to an Australian citizen. She applied for citizenship by conferral in March 2009. The approval of her application was effective from 21 May 2009. Ordinarily, the applicant should have made a pledge of commitment within 12 months of the approval. If she failed to do so, the approval would be liable to cancellation under s 25(3) of the Act. However, the Minister’s power to defer the making of a pledge of commitment under s 26(3) of the Act was not exercised in this case. Instead, within the Department of Immigration and Citizenship a view developed that the applicant might be disentitled to a grant of citizenship for reasons connected with her character. Arrangements were put in place, without the knowledge of the applicant, which had the effect of delaying the procedures for her to make the pledge of commitment. When the applicant or her husband made enquiries, they were reassured that the delay was not irregular. On 5 July 2010, the delegate of the Minister wrote to the applicant informing her that approval of her application for Australian citizenship had been cancelled because the delegate was satisfied she was not of good character. The cancellation of approval relied upon s 25(2) of the Act and not s 25(3). Grass claimed that the delay in allowing her to take the pledge of commitment amounted to a breach of natural justice, and that the Minister had failed to exercise his power in a way that was procedurally fair to her. The court held that the delay in allowing the applicant to take the pledge of commitment did not amount to a breach of natural justice. The applicant had not been misled by the Department, and the delay did not prejudice her. The applicant’s claim was dismissed with costs.