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Chetcuti, Frederick v Commonwealth of Australia [2021] HCA 25

High Court of Australia
Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJ

Chetcuti, Frederick v Commonwealth of Australia

Judgment Date: 
12 August 2021

CONSTITUTIONAL LAW (Cth) - Powers of Commonwealth Parliament - Naturalisation and aliens - Deportation - Where appellant entered Australia before commencement of Nationality and Citizenship Act 1948 (Cth) - Where appellant born in Malta and entered Australia as British subject - Where appellant became citizen of United Kingdom and Colonies in 1949 and citizen of Malta in 1964 - Where appellant had not applied to become Australian citizen by registration under Nationality and Citizenship Act - Where appellant's visa cancelled following conviction - Whether appellant entered Australia as alien - Whether within power of Parliament to treat appellant as alien within meaning of s 51(xix) of Constitution.

WORDS AND PHRASES - "alien", "alienage", "aliens power", "allegiance", "Australian independence", "British subject", "citizen", "citizenship", "Crown in right of Australia", "non-citizen", "treat as an alien".

Constitution - s 51(xix).

British Nationality and Status of Aliens Act 1914 (UK) - s 1(1)(a).

Nationality Act 1920 (Cth) - ss 5(1), 6(1)(a).

Nationality and Citizenship Act 1948 (Cth) - ss 12, 24, 25.