Robtelmes v Brenan [1906] HCA 58

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Victorian Cons Cons

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(HIGH COURT OF AUSTRALIA.)}

ROBTELMES . ' ' . . . APPELLANT; AND BRENAN . : - 7 ' . y . RESPONDENT.

ON APPEAL FROM THE POLICE MAGISTRATE EXERCISING FEDERAL JURISDICTION IN PETTY SESSIONS AT BRISBANE.

Deportation—Bztra-territoriality—A dmussion of aliens as residents upon conditions International law—Right to eaxpel alien friends—The Constitution (63 & 64 Vict, c. 12), sec. 51 (xix.), (xxvi.), (xxix.), (xxx.)—Pacific Islands Labourers Act 1901, sec. 8.

It is an attribute of sovereignty that every State is entitled to decide what aliens shall or shall not become members of its community. 'The right of a nation to expel or deport foreigners from the country is as unqualified and undeniable as the right to exclude them from entering the country, whether they are alien friends or enemies.

'This power could be delegated by the Imperial authority to the Common- wealth Parliament, and was properly delegated by virtue of the Constitution, see. 51, which gave the Parliament full authority to legislate as a sovereign body on the subject of (inter alia) " naturalization and aliens."

Semble : In Australia such a power can be exercised by the Executive only when authorized by Statute.

Appellant was a kanaka labourer introduced into Queensland under the special conditions of the State Pacific Island Immigration Act (44 Vict. No, 17). Under sec. 8 of the Federal Pacific Islands Labourers Act 1901, a Court of suinmary jurisdiction, upon being satistied that a Pacific Island Jabourer, found in the Commonwealth before 31st December 1906, and reason- ably supposed not to be employed under agreement, is not or has not been so employed for a month past, may order his deportation from Australia, Appel- lant was brought before a police magistrate, who declared himself satisfied, and ordered his deportation.