Singh v The Commonwealth

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJTANIA SINGH AN INFANT BY HER NEXT FRIEND MALKIT SINGH  PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA & ANOR                  DEFENDANTSSingh v Commonwealth of Australia[2004] HCA 439 September 2004S441/2003ORDERQuestions in the case stated answered as follows:1.Q.       Is the plaintiff an alien within the meaning of s 51(xix) of the Constitution?A.  Yes.2.Q. If the answer to (1) is "No", is s 198 of the Migration Act 1958 (Cth) capable of valid application to the plaintiff?A.  Does not arise.3.Q.       By whom should the costs of the case stated to the Full Court of this Court be borne?A.  The plaintiff.Representation:B Levet with R B O'Hair and B C Boss for the plaintiff (instructed by Bharati Solicitors)D M J Bennett QC, Solicitor-General of the Commonwealth with K Rubenstein and C J Horan for the defendants (instructed by Australian Government Solicitor)Intervener:J Basten QC with J R Clarke intervening on behalf of Applicant A269/2003 (instructed by Jeremy Moore & Associates)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSingh v Commonwealth of AustraliaConstitutional law (Cth) – Legislative powers of the Parliament – Power to make laws with respect to naturalization and aliens – Meaning of "aliens" – Plaintiff born in Australia to non-citizen parents – Infant plaintiff not a citizen under the Australian Citizenship Act 1948 (Cth) – Plaintiff's parents citizens of India – Whether plaintiff an alien under s 51(xix) of the Constitution.Constitutional law (Cth) – Interpretation...