Qing Quan Yao v Minister for Immigration and Border Protection

[2014] HCASL 148

QING QUAN YAO

v
MINISTER FOR IMMIGRATION AND BORDER PROTECTION

[2014] HCASL 148
S74/2014

1. The applicant was born in the People's Republic of China. On 24 September 2002 he acquired Australian citizenship.  On 4 July 2012 the applicant applied to the respondent to revoke his Australian citizenship under s 33 of the Australian Citizenship Act 2007 (Cth).  A delegate of the respondent refused the application on the basis that he was not satisfied at the time that the applicant held, or would acquire, foreign citizenship upon renunciation of his Australian citizenship.

2. On 22 April 2013 the Administrative Appeals Tribunal ("the Tribunal") affirmed the decision of the delegate.

3. On 30 August 2013 the Federal Court of Australia (Cowdroy J) dismissed an appeal from the decision of the Tribunal.

4. An appeal to the Full Court of the Federal Court of Australia (White, Wigney and Perry JJ) was dismissed.  Perry J (with whom the other members of the Full Federal Court agreed) rejected the allegations of breaches of natural justice alleged by the applicant, and determined that none of the other grounds of appeal were made out.  An application for leave to amend the notice of appeal to add a further ground of appeal was refused on the basis that the ground was without merit.

5. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

6. The applicant seeks special leave to appeal against the decision of the Full Federal Court.  The applicant's written case fails to identify any reason to doubt the correctness of the decision of the Full Federal Court.  The application is dismissed.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
15 August 2014 S.J. Gageler