Ling Pack (otherwise Ah Sing) v Gleeson [1913] HCA 15

Ling Pack (otherwise Ah Sing) v Gleeson [1913] HCA 15

The evidence did not establish that the appellant had acquired an Australian domicil before returning to China in 1904. Therefore, he was rightly convicted as a prohibited immigrant upon returning to Australia in 1912 in contravention of the Immigration Restriction Act 1901-1910.

Parties
Appellant; Defendant: Ling Pack (otherwise Ah Sing); Respondent; Informant: Gleeson
Jurisdiction
Australia
Judgment Date
17 March 1913
Procedural Posture
Appeal / Final Judgment on Appeal From Court of General Sessions of Victoria
Outcome
appeal dismissed
Legal Topics
Domicil, Prohibited Immigrant, Immigration Restriction Act
Immigration Law Domicil Prohibited Immigrant Immigration Restriction Act

Case Brief

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Parties

Ling Pack (otherwise Ah Sing)

Appellant; Defendant

Gleeson

Respondent; Informant

Procedural Posture

Appeal / Final Judgment on Appeal From Court of General Sessions of Victoria

Legal Issues

  1. 1 Whether the appellant had acquired an Australian domicil before leaving Australia in 1904
  2. 2 Whether the appellant was a prohibited immigrant under sec. 7 of the Immigration Restriction Act 1901-1910 upon his return in 1912

Ratio Decidendi

The evidence did not establish that the appellant had acquired an Australian domicil before returning to China in 1904. Therefore, he was rightly convicted as a prohibited immigrant upon returning to Australia in 1912 in contravention of the Immigration Restriction Act 1901-1910.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed