Court Decision on Citizenship Rights of Abandoned Children
Is a person who is born in another country, but is then abandoned by their parents in Australia while still a child, entitled to Australian citizenship?
Our compassionate instincts may prompt us to think that the answer to this question should be “Yes” and that a person who has been left to fend for her or himself at a tender age should be given the benefit of Australian citizenship.
Whether one agrees with the proposition that there should be room to grant Australian citizenship on compassionate grounds or not, those feelings of compassion will conflict with the “hard reality” of Australian citizenship law as it now stands. This was demonstrated by a decision of the Full Court of the Federal Court of Australia that was decided late last week, SZRTN v Minister for Immigration and Border Protection (2015). The judgment in SZRTN effectively confirmed the interpretation of the Australian Citizenship Act 2007 that was articulated in another similar case that was decided by a single judge of the Federal Court earlier this year, Nicky v Minister for Immigration and Border Protection (2015) FCA 174 (5 March 2015).
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