High Court of Australia

Chetcuti v Commonwealth of Australia [2020] HCA 42

26 Nov 2020

Case Number: M56/2020

Before

NETTLE J

Catchwords

Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where plaintiff entered Australia in 1948, before commencement of Nationality and Citizenship Act 1948 (Cth) – Where plaintiff born in Malta and entered Australia as a British subject – Where plaintiff became citizen of United Kingdom and Colonies in 1949 and then Malta in 1964 – Whether within power of Parliament to treat plaintiff as an alien within meaning of s 51(xix) of Constitution – Whether plaintiff entered Australia as an alien.

Words and phrases – "alien", "alienage", "aliens power", "allegiance", "Australian independence", "British subject", "citizen", "citizenship", "Crown in right of Australia", "foreign power", "independent sovereign nation", "non-citizen resident British subject", "permanent allegiance", "permanent protection", "Queen of Australia", "sovereign power", "treat as an alien".

Constitution – s 51(xix).

Migration Act 1958 (Cth) – s 501.

Nationality and Citizenship Act 1948 (Cth).

Statute of Westminster 1931 (Imp).

Statute of Westminster Adoption Act 1942 (Cth).
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