Asylum Seeker

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Asylum Seeker
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2 documents
Title
Date
Administrative circular denying citizenship by birth based on origin or skin colour is unlawful; eligible applicants entitled to documentation.
Citizenship — constitutional and statutory tests for citizenship by birth (Articles 9 and 10; s.12 Citizenship & Immigration Control Act) — prima facie weight of government-issued passports, IDs and birth certificates — administrative circular discriminating on origin/colour unlawful — remedies: declaratory relief and ordering issuance/renewal of identity documents.
Judgment 18 March 2022
Article 12 registration exclusions stand; refugees remain eligible for consideration for naturalization under statutory law.
Constitutional interpretation – Citizenship by registration (Article 12) – rule of harmony; Citizenship by naturalization (Article 13) – statutory regime (section 16 of the Act) includes refugees as "aliens" eligible for consideration; Judicial relief – courts will not issue general orders against unnamed agencies absent evidence of a refused or unprocessed application.
Judgment 6 October 2015