Federal Court. Can it be said that, "given the evidence of the applicant’s statelessness and the purpose of the abandoned child provision, irrespective of the applicant not having been born in Australia, the delegate was required to ascertain whether the applicant possessed the nationality of another country, as an essential step of proving “the contrary” under s 5(3)(b)" of the Australian Citizenship Act 1948 (Cth)?
The FCA answered that question as follows:
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