High Court of Australia
56 C.L.R.] OF AUSTRALIA. 381
substantial reiteration of the discussion in their judgments on these H. ©. or A.
questions. In the view which I have taken on these two questions We
it is unnecessary to decide whether the source of the income was in Broxen Hut Sourn Lrp.
New South Wales. *
Appeals dismissed with costs. Comas- SIONER OF
Solicitors for the appellant, A. J. McLachlan & Co. Solicitor for the respondent, J. EZ. Clark, Crown Solicitor for New
South Wales.
(NS.W.).
Hebe
(HIGH COURT OF AUSTRALIA.]
THE KING
AGAINST
DAVEY AND OTHERS; Ex parte FREER.
Immigration—Prohibited immigrant—Dictation test—Failure to pass—No attempt H.C, or A.
made by immigrant—Language, by whom to be chosen—Suitability or desirability of immigrant—Decision of Minister—Review by court—Certificate of health—
1936,
Immigration Act 1901-1935 (No. 17 of 1901—No. 13 of 1935), secs. 3 (a), 33,14". Sypney, A passage of not less than fifty words in the Italian language was dictated Dee. 4. to an immigrant by a person duly authorized under sec. 3 (a) of the Immigration peat 3.
Act 1901-1935.
'The immigrant, who deliberately prevented herself from
hearing the dictation, refused to, and did not in fact, write any words in the
Italian or any language.
*The Immigration Act 1901-1935 by sec. 3 provides :—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 fails to pass the dicta- tion test : that is to say, who, when an officer dictates to him not less than fifty words in any prescribed language, fails to write them out in that language in the presence of the officer or author-
ized person." Sec. 31: "The Minister may, if he thinks fit, prevent an intending immigrant from entering the Commonwealth, notwithstanding that a certificate of health has been issued to the intending immigrant." Sec. 14: "Every officer may with any necessary assistance prevent any prohibited immigrant, or person reason- ably supposed to be a prohibited immigrant, from entering the Common- wealth."
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