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Waraich v Minister for Home Affairs [2021] FCAFC 155

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ADMINISTRATIVE LAW- revocation of Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) - appeal from decision of primary judge dismissing appeal on a question of law from decision of Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - where the primary judge set aside the Tribunal's reversal of the Minister's decision to revoke the appellant's citizenship - whether the Tribunal erred in its application of s 34(2) - whether residual discretion is enlivened in circumstances where the Tribunal was not satisfied of a jurisdictional fact on which the power is conditioned - whether materiality is such that the Court should refuse relief - Held: appeal dismissed.

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