Koroitamana v Commonwealth of Australia [2006] HCA 28

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

LOMANI JOEY KOROITAMANA

(AN INFANT BY HER NEXT FRIEND

SEREANA NAIKELEKELE) AND ANOR APPLICANTS

AND

COMMONWEALTH OF AUSTRALIA & ANOR RESPONDENTS

Koroitamana v Commonwealth of Australia

[2006] HCA 28

14 June 2006

S225/2005

ORDER

1. Special leave to appeal granted.

2. Appeal treated as instituted and heard instanter but dismissed with costs.

On appeal from the Federal Court of Australia

Representation

R C Kenzie QC with S E J Prince for the applicants (instructed by Michaela Byers)

D M J Bennett QC, Solicitor-General of the Commonwealth of Australia with M A Perry QC and K C Morgan for the respondents (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

Koroitamana v Commonwealth of Australia

Constitutional Law – Naturalization and aliens – Meaning of "aliens" – Children born in Australia to parents who were neither Australian citizens nor permanent residents – Children entitled to acquire foreign citizenship by registration – Whether children are "aliens" within the meaning of s 51(xix) of the Constitution – Whether children are nationals of Australia for constitutional purposes.

Constitutional Law – Construction and interpretation – Meaning of "aliens" – Relevance of possible statelessness to status of child – Whether Convention on the Reduction of Statelessness and other provisions of international law relevant.

Citizenship, immigration and emigration – Detention and removal of unlawful non-citizens from Australia – Meaning of "aliens" – Children born in Australia to parents who were neither Australian citizens nor permanent residents – Children entitled to acquire foreign citizenship by registration – Provisions of Australian Citizenship Act 1948 (Cth) relating to stateless persons not alleged to be engaged – Status of children.