Full Court Minute Books

Case M90/2022

Benbrika v. Minister for Home Affairs & Anor

Case No.

Case no M90/2022

Case Information


Constitutional law – Judicial power of Commonwealth – Cessation of Australian citizenship – Where s 36D of Australian Citizenship Act 2007 (Cth) provided Minister for Home Affairs may make determination that person ceases to be Australian citizen if satisfied, among other matters, that person convicted of specified offences in s 36D(5) and that it contrary to  public interest for person to remain Australian citizen – Where applicant citizen of Algeria and Australia – Where applicant convicted of offences under ss 102.3(1) (intentionally being member of terrorist organisation), 102.2(1) (intentionally directing activities of terrorist organisation) and 101.4(1) (possession of thing connected with preparation for terrorist act) of Criminal Code (Cth) – Where provisions s 36D(5) that enlivened power to make determination under s 36D included offences against ss 102.3(1), 102.2(1) and 101.4(1) of Criminal Code – Where Minister determined, pursuant to s 36D(1), that applicant ceased to be Australian citizen – Whether s 36D contrary to Ch III of Constitution – Whether s 36D invalid for conferring upon Minister exclusively judicial function of adjudging and punishing criminal guilt.


07/12/2022 Order for Removal (Single Justice)

13/12/2022 Cause removed from the Federal Court of Australia

23/02/2022 Hearing (Single Justice, Canberra by video connection)

01/03/2023 Special Case Stated

06/04/2023 Written submissions (Applicant)

06/04/2023 Chronology (Applicant)

02/05/2023 Written submissions (Respondents)

16/05/2023 Reply

14/06/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

13/06/2023 Outline of oral argument (Applicant) 

14/06/2023 Outline of oral argument (Respondents)

01/11/2023 Judgment (Judgment summary)