High Court of Australia
H. C. or A.
1931, ez
Sypvery, Dec. 14,
Rich, Evatt and "MeTiernan
HIGH COURT
(1931.
(HIGH COURT OF AUSTRALIA.}
ALI ABDUL DerenDant,
AND
MAHER INFORMANT,
APPELLANT ;
ResponDEnt.
Immigration—Alleged prohibited immigrant—Entry into Australia before Federation —Name of vessel by which he travelled—Immigrant's failure to state—Immigra- tion Act 1901-1930 (No. 17 of 1901—No. 56 of 1930), sec. 5 (1), (3), (34).
'The provisions of sec. 5 (3a) of the Immigration Act 1901-1930 do not operate
as a legal obstacle in the way of a person who satisfies the proper tribunal that he arrived in Australia before the establishment of the Commonwealth.
AppraL from a Court of Quarter Sessions of New South Wales.
The informant, Thomas Victor
Maher, a detective inspector
employed in the Department of Trade and Customs, Sydney, on 9th September 1931, laid an information against the defendant,
* The Immigration Act 1901-1930, by sec. 5, provides, so far as material, as follows :—"(1) Any immigrant who (a) evades or has, since the com- mencement of the Immigration Restric- ion Act 1901, evaded anofficer . . . may, if at any time thereafter, he is found within the Commonwealth, be required to pass the dictation test, and shall, if he fails to do so, be deemed to be a prohibited immigrant offending against this Act. . (3) Ih any prosecution under either of the last two preceding sub-sections, the averment of the prosecutor, contained in the information, that the defendant is an immigrant who (a) has evaded
an officer shall be deemed to be proved in the absence of proof to the contrary by the personal evidence of the defendant either with or without other evidence. (3a) Proof to the contrary by the personal evidence of the defendant, within the meaning of the last preceding sub-section, shall not (unless it is proved that the defendant was born in Australia) be deemed to have been given unless the defendant in his personal evidence states truly the name of the vessel by which he travelled to Australia and the date
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