Alexander v Minister for Home Affairs

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJDELIL ALEXANDER (BY HIS LITIGATION GUARDIAN BERIVAN ALEXANDER)  PLAINTIFFANDMINISTER FOR HOME AFFAIRS & ANOR  DEFENDANTSAlexander v Minister for Home Affairs[2022] HCA 19Date of Hearing: 16 & 17 February 2022Date of Judgment: 8 June 2022S103/2021ORDERThe questions of law stated for the opinion of the Full Court in the amended special case filed on 22 October 2021 be answered as follows:1.Is s 36B of the Australian Citizenship Act 2007 (Cth) invalid in its operation in respect of the plaintiff because:(a)it is not supported by a head of Commonwealth legislative power; Answer, "No".(b)it is inconsistent with an implied limitation on Commonwealth legislative power preventing the involuntary deprivation of Australian citizenship;Answer, "Unnecessary to answer".(c)it effects a permanent legislative disenfranchisement which is not justified by a substantial reason;Answer, "Unnecessary to answer".(d)it effects a permanent disqualification from being chosen or from sitting as a senator or a member of the House of Representatives, otherwise than in the circumstances contemplated by ss 34 and 44 of the Constitution; Answer, "Unnecessary to answer".(e)it reposes in the Minister for Home Affairs the exclusively judicial function of punishing criminal guilt?Answer, "Yes".2.What, if any, relief should be granted to the plaintiff?Answer, "It should be declared that:(a) s 36B of the Australian Citizenship Act 2007 (Cth) is invalid; and(b) the plaintiff is an Australian citizen".3.Who should pay the costs of the special case?Answer, "The defendants".RepresentationD J Hooke SC and S H Hartford Davis with S G Lawrence and D J Reynolds...