High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ
TANIA SINGH AN INFANT BY HER
NEXT FRIEND MALKIT SINGH PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA & ANOR DEFENDANTS
Singh v Commonwealth of Australia
[2004] HCA 43
9 September 2004
S441/2003
ORDER
Questions in the case stated answered as follows:
1. Q. Is the plaintiff an alien within the meaning of s 51(xix) of the Constitution?
A. Yes.
2. Q. If the answer to (1) is "No", is s 198 of the Migration Act 1958 (Cth) capable of valid application to the plaintiff?
A. Does not arise.
3. Q. By whom should the costs of the case stated to the Full Court of this Court be borne?
A. The plaintiff.
Representation:
B Levet with R B O'Hair and B C Boss for the plaintiff (instructed by Bharati Solicitors)
D M J Bennett QC, Solicitor-General of the Commonwealth with K Rubenstein and C J Horan for the defendants (instructed by Australian Government Solicitor)
Intervener:
J Basten QC with J R Clarke intervening on behalf of Applicant A269/2003 (instructed by Jeremy Moore & Associates)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Singh v Commonwealth of Australia
Constitutional law (Cth) – Legislative powers of the Parliament – Power to make laws with respect to naturalization and aliens – Meaning of "aliens" – Plaintiff born in Australia to non-citizen parents – Infant plaintiff not a citizen under the Australian Citizenship Act 1948 (Cth) – Plaintiff's parents citizens of India – Whether plaintiff an alien under s 51(xix) of the Constitution.
Constitutional law (Cth) – Interpretation – Interpretive theories – Significance of historical context in constitutional interpretation – Use of Convention Debates.
Constitutional law (Cth) – Legislative powers of the Parliament – Whether Migration Act 1958 (Cth), s 198 validly authorises the removal of a non-alien from Australia because that person is a non-citizen under the Australian Citizenship Act 1948 (Cth).
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