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Australia separation of powerscitizenship

Alexander v Minister for Home Affairs (Character Cancellation)

[2022] HCA 19
JurisdictionAustralia
CourtHigh Court of Australia
Year2022
StatusBinding authority

Key Principle

A statutory power conferred on a Minister to deprive a person of Australian citizenship as a consequence of conduct repudiating allegiance is invalid where, in substance, it adjudges and punishes criminal guilt, because the imposition of punishment for such conduct is an exclusively judicial function under Chapter III of the Constitution.

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37
MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506
Minister for Home Affairs v DUA16 (2020) 271 CLR 550

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