LibertyWorks Inc v Commonwealth of Australia

LibertyWorks Inc sought judicial review of a decision by the Commonwealth of Australia, specifically concerning the operation of the *Australian Citizenship Act 1948* (Cth) and the *Migration Act 1958* (Cth). The dispute centred on the interpretation and application of provisions within these Acts relating to the conferral of Australian citizenship and the circumstances under which individuals could be deemed not to be citizens. The matter was heard by the High Court of Australia.

The High Court was required to determine, among other things, whether the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had the power to make a determination that a person was not an Australian citizen under section 24G of the *Australian Citizenship Act 1948* (Cth) in circumstances where that person had not been granted a visa under the *Migration Act 1958* (Cth). Further, the Court considered whether such a determination was a lawful exercise of the Minister's power, and whether the impugned decision was affected by an error of law.

The Court reasoned that section 24G of the *Australian Citizenship Act 1948* (Cth) conferred a power on the Minister to make a determination that a person was not an Australian citizen if certain conditions were met, including that the person was not a citizen of Australia. The Court held that the Minister's power under section 24G was not confined to circumstances where a person had been granted a visa under the *Migration Act 1958* (Cth). The Court found that the impugned decision was a lawful exercise of the Minister's power and was not affected by an error of law.

The High Court dismissed LibertyWorks Inc's application for judicial review.