R v Wilson [1934] HCA 63

Appl Pat Comm viene evans Assoc gai 2000) ALR S23

HIGH COURT e

lo

(HIGH COURT OF AUSTRALIA.]

THE KING

AGAINST

WILSON AND ANOTHER; i Ex parte KISCH.

H.C. or A, Immigration—Prohibited immigrant—Dictation test—" An European language" —

"© Scottish Gaclic—Immigration Restriction Act 1901 (No. 17 of 1901), sec. 8 (a)*— Immigration Restriction Amendment Act 1905 (No. 17 of 1905), secs. 4, 5*— Immigration Act 1901-1933 (No. 17 of 1901—No. 37 of 1933), secs. 5,7.

1934. YS

Sypyey,

Dec. 17, 18, 19.

Rich, Starke, Dixon, Evatt and McTiernan oh

'The expression "an European language" in sec. 3 (a) of the Immigration Restriction Act 1901, means a standard form of speech recognized as the received — and ordinary means of communication among the inhabitants of an Euro community for-all purposes of the social body. 3

Held, by Rich, Dixon, Evatt and McTiernan JJ. (Starke J. dissenting), that Scottish Gaelic is not such a language. :

*'The Immigration Restriction Act 1901 provides :—By sec. 3: "The immigration into the Commonwealth of the persons described in any of the following paragraphs of this section (hereinafter called * prohibited immi- grants') is prohibited, namely :—(a) 'Any person who when asked to do so by an officer fails to write out at dicta- tion and sign in the presence of the officer a passage of fifty words in length in an European language directed by the officer."

'The Immigration Restriction Amend- ment Act 1905 provides :—By sec. 4 :— "Section three of the Principal Act is amended—(a) by omitting the whole of paragraph (a), and inserting in liew thereof the following paragraph :— " (a) Any person who fails to pass the dictation test: that is to say, who, when an officer dictates to him not less

q

than fifty words in any prescribed lan- guage, fails to write them out in that language in the presence of the officer.