Doumit v Commonwealth [2005] FCAFC 166

Doumit v Commonwealth [2005] FCAFC 166

Because citizenship is the obverse of alienage, the applicants were non-citizens within the operation of the Migration Act and subject to laws supported by the naturalization and aliens power in s 51(xix) of the Constitution. Binding authority established that s 198 of the Migration Act 1958 (Cth) and the Australian Citizenship Act 1948 (Cth) were valid in their application to the applicants. The proceedings disclosed no real question to be determined, summary dismissal caused no injustice, and leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
19 August 2005
Procedural Posture
Applications for Leave to Appeal From Orders Summarily Dismissing Proceedings / Full Court Application for Leave to Appeal
Outcome
Each application for leave to appeal was dismissed with costs.
Legal Topics
['aliens Power Under S 51(xix) of the Constitution' 'validity of S 198 of the Migration Act 1958 (cth)' 'validity of Australian Citizenship Act 1948 (cth)' 'summary Dismissal for No Reasonable Cause of Action' 'leave to Appeal']
['constitutional Law' 'migration Law' 'citizenship Law'] ['aliens Power Under S 51(xix) of the Constitution' 'validity of S 198 of the Migration Act 1958 (cth)' 'validity of Australian Citizenship Act 1948 (cth)' 'summary Dismissal for No Reasonable Cause of Action' 'leave to Appeal']

Case Brief

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Procedural Posture

Applications for Leave to Appeal From Orders Summarily Dismissing Proceedings / Full Court Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether s 198 of the Migration Act 1958 (Cth), providing for removal of unlawful non-citizens, was invalid in its application to the applicants.' 'Whether the Australian Citizenship Act 1948 (Cth) was valid in its application to children born in Australia whose parents were not Australian citizens.' 'Whether the applicants were aliens or non-citizens subject to Commonwealth legislative power under s 51(xix) of the Constitution.' 'Whether leave should be granted to appeal from summary dismissal orders made on the basis that no reasonable cause of action was disclosed.']

Ratio Decidendi

Because citizenship is the obverse of alienage, the applicants were non-citizens within the operation of the Migration Act and subject to laws supported by the naturalization and aliens power in s 51(xix) of the Constitution. Binding authority established that s 198 of the Migration Act 1958 (Cth) and the Australian Citizenship Act 1948 (Cth) were valid in their application to the applicants. The proceedings disclosed no real question to be determined, summary dismissal caused no injustice, and leave to appeal was refused.

Court Disposition

Each application for leave to appeal was dismissed with costs.

Orders

  • ['Each application for leave to appeal be dismissed.' "In each case, the applicants' next friend pay the respondents' costs of the application."]