How you create and manage alerts in your My Account has changed. All of your existing alerts and any searches you have created and saved are unaffected by these updates. For more information on the changes see How to set up My Account.
On 1 November 2023, the High Court handed down its judgment in the matter of Benbrika v Minister for Home Affairs & Anor 2023 HCA 33. A majority of the High Court held that the power purportedly conferred on the Minister by s 36D of the Citizenship Act is indistinguishable from, and has the same purpose as, that purportedly conferred on the Minister by s 36B of the Citizenship Act. Accordingly, s 36D of the Citizenship Act is invalid because it purports to repose in the Minister for Home Affairs the exclusively judicial function of punishing criminal guilt, contrary to Ch III of the Constitution.
Downloads
Access downloadable documents for version effective 18 April 2015 - 11 December 2015
Australian Government
On 1 November 2023, the High Court handed down its judgment in the matter of Benbrika v Minister for Home Affairs & Anor 2023 HCA 33. A majority of the High Court held that the power purportedly conferred on the Minister by s 36D of the Citizenship Act is indistinguishable from, and has the same purpose as, that purportedly conferred on the Minister by s 36B of the Citizenship Act. Accordingly, s 36D of the Citizenship Act is invalid because it purports to repose in the Minister for Home Affairs the exclusively judicial function of punishing criminal guilt, contrary to Ch III of the Constitution.