High Court of Australia

Koroitamana v Commonwealth of Australia [2006] HCA 28

227 CLR 31; 80 ALJR 1146; 227 ALR 406

14 Jun 2006

Case Number: S225/2005

Before

Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ

Catchwords

Constitutional Law – Naturalization and aliens - Meaning of "aliens" - Children born in Australia to parents who were neither Australian citizens nor permanent residents - Children entitled to acquire foreign citizenship by registration - Whether children are "aliens" within the meaning of s 51(xix) of the Constitution - Whether children are nationals of Australia for constitutional purposes.

Constitutional Law – Construction and interpretation - Meaning of "aliens" - Relevance of possible statelessness to status of child - Whether Convention on the Reduction of Statelessness and other provisions of international law relevant.

Citizenship – immigration and emigration - Detention and removal of unlawful non- citizens from Australia - Meaning of "aliens" - Children born in Australia to parents who were neither Australian citizens nor permanent residents - Children entitled to acquire foreign citizenship by registration - Provisions of Australian Citizenship Act 1948 (Cth) relating to stateless persons not alleged to be engaged - Status of children.

Words and phrases – "aliens".

Constitution – s 51(xix).

Australian Citizenship Act 1948 (Cth) – ss 10(2), 23D.

Migration Act 1958 (Cth) – ss 189, 198.

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