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Border Protection V Han Case Study

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Minister for Immigration and Border Protection v Han [2015]FCAFC 79
In the case of Minister for Immigration and Boarder Protections V Han , the main issue is related to the eligibility to become Australian citizen by conferral. Is it possible for a person, to be eligible for Australian citizenship, who is permanent resident of Australia, married to Australian citizen and lived overseas for majority of period at the time of application was filed for Australian citizenship. This matter was presented to Federal Court in the case of Minister for Immigration and Border Protection v Han [2015]FCAFC 79.1
The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and …show more content…

Han is a national of Vietnam. He is married to Ms. To and he has two children. He migrated to Australia with his family on 9th May 2008 on permanent residency visa. His wife became the Australian citizen on 13th June 2013. Approximately three months later, Mr. Han applied for Australian Citizenship on 11th September 2013. In four years immediately prior to his application for Australian citizenship Mr. Han spent most of his time overseas.
Under the Citizenship Act, a person may acquire Australian citizenship by various ways. Citizenship is acquired automatically where a person is born in Australia and both the parents are Australian citizens or Australian permanent residents. Australian citizenship may also be acquired by conferral. Citizenship Act 19G describes seven different ways to acquire Australian Citizenship. But for the purpose of this appeal, Citizenship Act s21 & s22 are cited more closely.
Australian Citizenship Act 2007 – Section 21(2) describes the general eligibility criteria for the conferral of Australian Citizenship. Subsection 21(2)(c), a person is eligible for Australian Citizenship if the Minister is satisfied that the person satisfies the general residency requirement set out in

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