High Court of Australia
HIGH COURT OF AUSTRALIA
NETTLE J
FREDERICK CHETCUTI PLAINTIFF
AND
COMMONWEALTH OF AUSTRALIA DEFENDANT
Chetcuti v Commonwealth of Australia [2020] HCA 42 Date of Hearing: 13 November 2020 Date of Judgment: 26 November 2020 M56/2020
ORDER
1. There be judgment for the defendant.
2. The plaintiff's claim made by writ of summons filed 12 June 2020 is dismissed.
3. The plaintiff pay the defendant's costs of the proceeding.
Representation
G L Schoff QC with G A Costello QC, A Aleksov and K E Slack for the plaintiff (instructed by Lawson Bayly)
S P Donaghue QC, Solicitor-General of the Commonwealth, with C L Lenehan SC and Z C Heger for the defendant (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
Chetcuti v Commonwealth of Australia
Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where plaintiff entered Australia in 1948, before commencement of Nationality and Citizenship Act 1948 (Cth) – Where plaintiff born in Malta and entered Australia as a British subject – Where plaintiff became citizen of United Kingdom and Colonies in 1949 and then Malta in 1964 – Whether within power of Parliament to treat plaintiff as an alien within meaning of s 51(xix) of Constitution – Whether plaintiff entered Australia as an alien.
Words and phrases – "alien", "alienage", "aliens power", "allegiance", "Australian independence", "British subject", "citizen", "citizenship", "Crown in right of Australia", "foreign power", "independent sovereign nation", "non‑citizen resident British subject", "permanent allegiance", "permanent protection", "Queen of Australia", "sovereign power", "treat as an alien".
Constitution, s 51(xix). Migration Act 1958 (Cth), s 501. Nationality and Citizenship Act 1948 (Cth). Statute of Westminster 1931 (Imp). Statute of Westminster Adoption Act 1942 (Cth).
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