Lopez and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

This matter concerned an application by Ms Lopez to resume Australian citizenship, which had been ceased. The dispute arose from the Department of Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to affirm the cessation of her citizenship. The case was heard by Deputy J W Constance P.

The primary legal issue before the court was whether Ms Lopez had ceased to be an Australian citizen to avoid suffering significant hardship or detriment. This question was central to determining the validity of her application to resume citizenship.

Deputy J W Constance P accepted Ms Lopez's evidence, finding no reason to doubt her honesty. The court considered correspondence from Ms Lopez's legal representatives dated 20 January 1992, which requested certification that her Australian passport had been cancelled. This request was made in connection with her intention to run in the Philippine elections and was accompanied by a Declaration of Renunciation of Australian Citizenship and a copy of her Philippine Passport. The court noted that the Department's investigation indicated Ms Lopez did not lose her Australian citizenship upon acquiring Philippine citizenship by descent or by marriage, and her application to resume citizenship was finalised on this basis.