Donohoe v Wong Sau [1925] HCA 6

Donohoe v Wong Sau [1925] HCA 6

Wong Sau was not returning to Australia as her home at the time of entry, and thus was an immigrant within the meaning of the Act. The evidence showed discontinuity with Australia and no enduring connection except birth.

Parties
Appellant: John Thomas Tamplin Donohoe; Respondent: Wong Sau
Jurisdiction
Australia
Judgment Date
17 April 1925
Procedural Posture
Criminal Appeal / On Appeal From a Court of Quarter Sessions of New South Wales
Outcome
appeal allowed
Legal Topics
Definition of Immigrant, Return of Australian Born Persons, Immigration Act Interpretation
Immigration Law Definition of Immigrant Return of Australian Born Persons Immigration Act Interpretation

Case Brief

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Parties

John Thomas Tamplin Donohoe

Appellant

Wong Sau

Respondent

Procedural Posture

Criminal Appeal / On Appeal From a Court of Quarter Sessions of New South Wales

Legal Issues

  1. 1 Is Wong Sau an immigrant within the meaning of the Immigration Act 1901-1920 when re-entering Australia?
  2. 2 Does being born in Australia conclusively mean a person is not an immigrant under the Act?

Ratio Decidendi

Wong Sau was not returning to Australia as her home at the time of entry, and thus was an immigrant within the meaning of the Act. The evidence showed discontinuity with Australia and no enduring connection except birth.

Court Disposition

appeal allowed

Orders

  • Judgment of Court of Quarter Sessions discharged
  • Judgment of Stipendiary Magistrate restored