Jones v Commonwealth

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJPHYLLIP JOHN JONES  PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA & ORS  DEFENDANTSJones v Commonwealth of Australia[2023] HCA 34Date of Hearing: 15 June 2023Date of Judgment: 1 November 2023B47/2022ORDERThe questions stated for the opinion of the Full Court in the special case filed on 4 April 2023 be answered as follows:Question 1: Is s 34(2)(b)(ii) of the Australian Citizenship Act 2007 (Cth) invalid in its operation in respect of the plaintiff because: (a)it is not supported by s 51(xix) of the Constitution; or(b)it reposes in the Minister the exclusively judicial function of punishing criminal guilt?Answer:        No. Question 2:What, if any, relief should be granted to the plaintiff?Answer:None. Question 3:Who should pay the costs of the special case?Answer:The plaintiff. RepresentationS H Hartford Davis with D J Reynolds, S J Hoare and K E W Bones for the plaintiff (instructed by Fisher Dore Lawyers)S P Donaghue KC, Solicitor-General of the Commonwealth, and F I Gordon SC with L G Moretti and A N Regan for the defendants (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.CATCHWORDSJones v Commonwealth of AustraliaConstitutional law (Cth) – Powers of Commonwealth Parliament – Power to make laws with respect to naturalisation and aliens – Cessation of Australian citizenship – Where s 34(2)(b)(ii) of Australian Citizenship Act 2007 (Cth) ("Act"), in context, provided Minister may revoke person's Australian citizenship acquired by conferral if, among...