Pelican
2018-05-09 07:35:30 UTC
The High Court has decided that latest section 44 case, concerning Katie
Gallagher. The report is here -
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA//2018/17.html
As was expected, she lost. None of the judges gave her any lee-way. It
was a common garden variety of the application of section 44 to someone
who failed to do what was necessary to meet the requirements of section
44. The judges have made it clear that such people deserve no sympathy.
There was some discussion of the fantasy by which a mischievous country
could impose its citizenship on an Australian citizen, or the difficulty
an Australian citizen might have in renouncing the citizenship of
another country. Neither applied in this case, which was abundantly clear.
In the situation where a mischievous country did impose its citizenship
on an Australian citizen, there is now the possibility that the court
could find that the relevant law of the country would not be recognised
by Australian courts because the country would be in breach of
international law. This situation is, however, still in the area of
fantasy. Even in the case of Russia,
Gallagher. The report is here -
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA//2018/17.html
As was expected, she lost. None of the judges gave her any lee-way. It
was a common garden variety of the application of section 44 to someone
who failed to do what was necessary to meet the requirements of section
44. The judges have made it clear that such people deserve no sympathy.
There was some discussion of the fantasy by which a mischievous country
could impose its citizenship on an Australian citizen, or the difficulty
an Australian citizen might have in renouncing the citizenship of
another country. Neither applied in this case, which was abundantly clear.
In the situation where a mischievous country did impose its citizenship
on an Australian citizen, there is now the possibility that the court
could find that the relevant law of the country would not be recognised
by Australian courts because the country would be in breach of
international law. This situation is, however, still in the area of
fantasy. Even in the case of Russia,