Recent Cases

Chetcuti v Commonwealth of Australia [2020] HCA 42 (26 November 2020) (Nettle J)


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”.