A man born in pre-independence Papua New Guinea has won a 'significant' legal case against the acting immigration minister, with the Federal Court recognising his Australian citizenship.
A man born in pre-independence Papua New Guinea has won a"significant" legal case against the acting immigration minister with the Federal Court recognising his Australian citizenship.
“My mum cried, she felt like she had done something wrong all these years, like she at fault, which obviously she wasn’t.”Mr Lee's barrister, Kim Rubenstein, hailed the ruling as"significant". The then 42-year-old was told by the Department of Home Affairs he was not an Australian citizen, but a Papua New Guinean.
Federal Court judge Darryl Rangiah in his judgement ruled “at independence, the applicant fell within s 65 of the PNG Constitution as a person who had the right to permanent residence in Australia and that therefore did not make him a PNG citizen". The law had an exemption, though, for those who had the right to permanent residence or were naturalised Australians.
Mr Lee is of Chinese ethnicity, his paternal grandparents were both of Chinese-heritage and born in Rabaul in New Guinea, but naturalised Australians
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