Makarov v Minister for Home Affairs (No 2)

The applicant, Makarov, sought judicial review of a decision by the Minister for Home Affairs to revoke his Australian citizenship. The matter was heard in the Federal Court of Australia. The primary issue before the court was whether the Minister's satisfaction that Makarov would not become a national or citizen of any other country upon the revocation of his Australian citizenship was a jurisdictional fact. This issue arose from the interpretation of section 34(3) of the Australian Citizenship Act 2007, which includes limitations on the Minister's power to revoke citizenship.

The court held that the question of whether Makarov would become a national or citizen of another country upon revocation of his Australian citizenship was not a jurisdictional fact. The court reasoned that the statutory language of section 34(3) did not require the Minister to be satisfied of this fact prior to making the decision to revoke citizenship. Instead, the court found that the Minister's satisfaction was a discretionary consideration that could be made after the decision to revoke had been made. The court also noted that the Act did not impose any further conditions or requirements on the Minister's decision-making process beyond those expressly stated in the legislation.

The court answered the separate question in the negative, and ordered the parties to file and serve various documents by specified dates. The remaining questions in the proceeding were fixed for hearing on a later date. The court's decision provides clarity on the scope of the Minister's discretion under section 34(3) of the Australian Citizenship Act 2007, and sets out a timetable for the remaining proceedings in the case.