Australia aliens powercitizenshipalienage

Singh v Commonwealth

Singh v Commonwealth (2004) 222 CLR 322; [2004] HCA 43

JurisdictionAustralia

CourtHigh Court of Australia

Year2004

StatusBinding authority

Key Principle

A person born in Australia to non-citizen parents is not constitutionally beyond the reach of the aliens power, so Parliament may, under s 51(xix) of the Constitution, define and confer citizenship and treat such a person as an 'alien' by reference to allegiance owed to a foreign sovereign; the impugned citizenship provision was therefore valid.

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506

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