High Court of Australia

Hwang v The Commonwealth [2005] HCA 66

Fu v The Commonwealth

80 ALJR 125; 222 ALR 83

28 Oct 2005

Case Number: S428/2005 S498/2005

Before

McHugh J

Catchwords

Constitutional law – Validity of Australian Citizenship Act 2005 (Cth) - Whether Constitution provides power with respect to citizenship - Whether such power arises from express or implied terms of Constitution - Whether power with respect to citizenship arises from status as independent sovereign nation.

Constitutional law – Citizen - Whether "citizen" is synonym for "the people of the Commonwealth" - Relationship between citizenship and alienage - Citizenship as status to which other rights attach.

Constitutional law – Relationship between Constitution and international law.

Australian Citizenship Act 2005 (Cth). Migration Act 1958 (Cth).

Words and phrases "the people of the Commonwealth" – "alien", "citizen".

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