Re Patterson; Ex parte Taylor [2001] HCA 51

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

RE SENATOR THE HONOURABLE

KAY CHRISTINE LESLEY PATTERSON RESPONDENT

EX PARTE: GRAHAM ERNEST TAYLOR PROSECUTOR

Re Patterson; Ex parte Taylor

[2001] HCA 51

Date of Order: 7 December 2000

Date of Publication of Reasons: 6 September 2001

S165/2000

ORDER

1. Order absolute for a writ of certiorari to quash the decision of the respondent made on 30 June 2000 to cancel the visa of the prosecutor.

2. Order absolute for a writ of prohibition prohibiting the respondent from further proceeding on the decision made by the respondent on 30 June 2000 to cancel the visa of the prosecutor.

3. Respondent to pay the prosecutor's costs.

Representation:

D M J Bennett QC, Solicitor-General of the Commonwealth with S J Gageler SC and R P L Lancaster for the respondent (instructed by Australian Government Solicitor)

P Le G Brereton SC with D P M Ash for the prosecutor (instructed by Teakle Ormsby Conn)

Intervener:

D R Williams QC, Attorney-General of the Commonwealth with D M J Bennett QC, Solicitor-General of the Commonwealth with S J Gageler SC and R P L Lancaster intervening on behalf of the Commonwealth (instructed by Australian Government Solicitor).

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Patterson; Ex parte Taylor

Constitutional Law (Cth) – Naturalisation and aliens – Meaning of "aliens" in s 51(xix) – Law empowering cancellation of visa of "non-citizen" – Whether such a law, applied to a British subject who has lived in Australia for over 33 years, is a law with respect to naturalisation and aliens.

Constitutional Law (Cth) – External affairs power – Whether s 51 (xxix) supports application of s 501(3) of Migration Act 1958 (Cth) to the prosecutor, a British subject who has lived in Australia for over 33 years.