Hwang v The Commonwealth

HIGH COURT OF AUSTRALIAMcHUGH JMatter No S428/2005BONNIE HWANG (AN INFANT BY HER NEXT FRIEND LI XIA YU)   PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA & ANOR             DEFENDANTSMatter No S498/2005ROGER WENJIE FU (AN INFANT BY HIS NEXT FRIEND HUI LING HUANG)  PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA & ANOR             DEFENDANTSHwang v The CommonwealthFu v The Commonwealth[2005] HCA 66Date of Order:  27 October 2005Date of Publication of Reasons:  28 October 2005S428 and S498/2005ORDER1.The writ of summons filed by the plaintiff, Bonnie Hwang, on 15 September 2005 is struck out and the action is dismissed.2.The writ of summons filed by the plaintiff, Roger Wenjie Fu, on 11 October 2005 is struck out and the action is dismissed.3.The plaintiff in each matter is to pay the costs of the summonses and the costs of the actions. Representation:B Levet for the plaintiffs in each matter (instructed by Michaela Byers)A Markus for the defendants in each matter (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHwang v The CommonwealthFu v The CommonwealthConstitutional law – Validity of Australian Citizenship Act 2005 (Cth) – Whether Constitution provides power with respect to citizenship – Whether such power arises from express or implied terms of Constitution – Whether power with respect to citizenship arises from status as independent sovereign nation.Constitutional law – Citizen – Whether "citizen" is synonym for "the people of the Commonwealth" – Relationship between citizenship and alienage – Citizenship as status to which other rights attach.Constitutional law...