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
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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
By rejecting the decision of the UNHRC to allow Nystrom back into Australia, the Australian government upheld its power to make its own laws and adhere only to Australian legislation, including the Migration Act 1958, which sets out guidelines regarding the treatment of non – citizens within Australia. This is emphasised in another statement made by former Immigration Minister Chris Bowen, “All non-citizens who wish to enter or remain in Australia must satisfy the requirements of the Migration Act and Regulations, including the character test." (Chris Bowen, 2012). Thus, the upholding of Australia’s sovereignty is another positive as a result of the government’s
There are several ways to apply for Australian citizenship. The application process varies depending on your visa and residency history. For an Australian citizenship you can apply online, you can also apply on a paper application form.
Australia’s population is culturally and ethnically diverse. As at June 2010, there were 22.3 million residents in Australia, around one-quarter of the population was born overseas and many residents who were born in Australia have a parent who was born in another country. Aboriginal people and Torres Strait Islanders represent 2.3% of the population
James Cookie works for a foreign company that has been registered in Bermuda that owns and operates passenger cruises across the Pacific Ocean. He owns a house that he inherited from his parents in Sydney, Australia. By virtue of his inheritance and parentage he is an Australian citizen. But he has rented the family house to his relatives who live in the house but the furniture and one of the rooms belongs to him. In the current year he spent only eighty days in the house while most of the other days he was away. For tax purposes he will be considered as a resident as he has no other permanent home even though the company he works for is foreign based. All his income will be subjected to taxation in Australia
Australian citizens over 18 years old and have lived at your address which is your principal place of residence for at least 1 month.
I heard that Australia federation encourages immigration policy to develop the economy status by increasing the number of foreigners regardless of countries. I know the fact that there was a huge migration history about 200 years ago related to prisoners came from Britain for the first time. After first migration, anyone allowed to arrive in Australia that has called free immigration. When considering this history, I thought that many number of first or second generation Australians, who seem to live longer than younger generation, are from British or New Zealand. Also, almost Western people with blue eyes or blond hair can speak English without language barrier whenever they communicate with Australian. However, I did not know that
Since that day, Peter intends to become an Australian citizen, with having no plan to migrate to India anytime in the future. This is predominantly due to Australia’s acceptance for various cultures and easy going lifestyle which have attracted him towards Australia like a magnet for over 8 years.
Australia happens to be a stunning country of dreams, for many of us; the good news is that, dream of visiting it can now be fulfilled with host of new opportunities Australia has got to offer, to skilled individuals overseas. According to several recent surveys, there is a vast necessity for highly skilled profiles in Australia, and hence to meet this requirement, the country welcomes capable immigrants who can help in boosting up their economy.
Immigration to Australia, does seems to be a vast basket of golden opportunities, and to avail this, the most important thing is to get involved in the right kind of visa program, suitable for the ones willing to immigrate.
This Bridging visa A came into effect her original substantive visa that Jorani entered Australia on ceased, she was granted this visa because she was firstly an eligible non-citizen by being immigration
Relevant legislation that complies with this would be the Australian Human Rights Commission Act 1986 helps to ensure that people are not treated less favorably on the ground of Culture and race in various areas of public life including.
According to S. (6) of ITAA 1936, an Australian resident is a person who resides in Australia and whose home or domicile is in Australia, or a person who has been in Australia continuously or from time to time for more than one half of the income year, unless of course the person can prove that their usual place of abode is situated outside of Australia and the person does not have any intension of taking up residence in Australia. The cases like Levene vs. IRC and Lysaght vs. IRC suggest that there are many other factors to be considered while determining a person’s residency rather than just seeing the duration of a person’s stay in Australia. Such factors include the purpose of a person to visit Australia, the individual’s behavior
In order to determine whether Kit is a resident of Australia for taxation purposes, it is important to understand the process of evaluation of residency of the individual. The Australian taxation law has conceived certain methods that can determine whether the income generated by an individual either in Australia or worldwide must be taxed. There are four such circumstances that can help in determining Kit’s residency. Referred to as “Tests” the circumstances are explained below-
According to Australia’s Migration Act 1958, it “requires that all non Australian citizens who are unlawfully in Australia be detained and that unless they are given permission to remain in
Committee Secretary, Joint Standing Committee on Migration House of Representatives, Parliament House, Canberra ACT 2600