Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hollis v Minister for Immigration and Multicultural Affairs [2003] FCA 1329
CONSTITUTIONAL LAW – MIGRATION – alleged unlawful removal of the applicant from Australia – applicant a migrant and British subject in 1971 – whether he became "absorbed' in Australia and therefore no longer a migrant – if "absorbed" whether status abandoned or repudiated – whether he became an alien at sometime after 1971 Australian Citizenship Act 1948 (Cth) British Nationality Act 1948, (UK), s 5 Citizenship Act 1948 (Cth), s 7 Judiciary Act 1903 (Cth), s 78B Migration Act 1958 (Cth), ss 189, 196 Nationality Act 1920 (Cth) s 6(1) Nationality and Citizenship Act 1948 (Cth) Naturalization Act 1903 (Cth) Passports Act 1920 (Cth) Passports Act 1938 (Cth) Passports Amendment Act 1984 (Cth), s 4 Constitution s 51(xix), s 51(xxvii) Federal Court Rules, O 80 Ex parte Black; Re Morony (No 3) [1965] NSWR 753 cited Walsh & Johnson, Ex parte: In re Yates (1925) 37 CLR 36 cited Haque v Haque (1962) 108 CLR 230 cited Minister for Immigration & Multicultural & Indigenous Affairs v Walsh (2002) 189 ALR 694 cited Re Patterson: Ex parte Taylor (2001) 207 CLR 391 cited Potter v Minahan (1908) 7 CLR 277 cited Koon Wing Lau v Calwell (1949) 80 CLR 533 cited R v Director General of Social Welfare of Victoria; Ex parte Henry (1973) 133 CLR 369 cited R v Governor of the Metropolitan Gaol, Ex parte Molinari [1962] VR 156 cited Minister for Immigration and Multicultural Affairs; Ex parte Meng Kok Te (2002) 193 ALR 37 cited Sue v Hill (1999) 199 CLR 462 cited Pryles "Australian Citizenship Law", The Law Book Company Ltd 1981 D Wood, "Deportation, The Immigration Power and Absorption into the Australian Community" (1986-1987) 16 Federal Law Review 288 Hillier, Principles of Public International Law (2nd Edn), Cavendish Publishing Limited 1999 M Crock, Immigration & Refugee Law in Australia, The Federation Press 1998 RICHARD MICHAEL HOLLIS V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W530 OF 2001 LEE J 24 NOVEMBER 2003 PERTH
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