MARY SAPAK and MINISTER FOR IMMIGRATION AND CITIZENSHIP
[2012] AATA 137
•29 February 2012
[2012] AATA 137
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2011/5316
Re
MARY SAPAK
APPLICANT
And
MINISTER FOR IMMIGRATION AND CITIZENSHIP
RESPONDENT
DECISION
Tribunal Mr R G Kenny, Senior Member
Date 29 February 2012 Date of written reasons 5 March 2012 Place Brisbane The Tribunal dismisses the application pursuant to s 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth).
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Mr R G Kenny, Senior Member
CATCHWORDS
IMMIGRATION AND CITIZENSHIP – Application for evidence of Australian citizenship – Application refused – Application for review of decision by Administrative Appeals Tribunal – No jurisdiction to enable review – Application dismissed
LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth) 25(4)
Australian Citizenship Act 2007 (Cth) s 37, 52
REASONS FOR DECISION
Mr R G Kenny, Senior Member
5 March 2012
Mary Sapak applied under s 37 of the Australian Citizenship Act 2007 (Cth) (the Citizenship Act) for the respondent to give a notice stating that she is an Australian citizen. On 21 November 2011, the respondent refused the application. On 14 December 2011, Ms Sapak applied to the Administrative Appeals Tribunal (the Tribunal) for review of that decision.
Under s 25(4) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal has power to review any decision of which application is made to it under any enactment. Matters which are reviewable by the Tribunal under the Citizenship Act are listed in s 52 thereof. In that provision, various provisions of the Citizenship Act are listed. However, a decision made under s 37 of the Citizenship Act is not one of these. No alternative provision is made for such a review to be made. It follows that there is no power in the Tribunal to review the decision relating to Ms Sapak’s application for evidence of Australian citizenship.
For the above reasons, I dismiss the application pursuant to subsection 42A(4) of the Administration Appeals Tribunal Act 1975 (Cth).
4. I certify that the preceding 3 (three) paragraphs are a true copy of the reasons for the decision herein of Mr R G Kenny, Senior Member.
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Associate
Dated 5 March 2012
Date(s) of hearing 29 February 2012 Applicant In person Solicitor for the Respondent Catherine Darcy
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