Re Yates; Ex parte Walsh [1925] HCA 53

Re Yates; Ex parte Walsh [1925] HCA 53

Section 84a of the Immigration Act 1901-1925 is valid only to the extent that it applies to persons who immigrated to Australia after the establishment of the Commonwealth and have not become members of the Australian community; it does not apply to persons whose permanent home is in Australia or whose immigration occurred before federation. In any case, lawful detention and deportation require that the Minister inform the person with reasonable definiteness of the acts alleged against them. On the facts, neither applicant was lawfully detained, and the rules nisi for habeas corpus should be made absolute.

Parties
Applicant: Thomas Walsh; Applicant: Jacob Johnson; Respondent: Robert Walter Yates
Jurisdiction
Australia
Judgment Date
18 December 1925
Procedural Posture
Application for Writ of Habeas Corpus / Rules Nisi, Removed From Supreme Court of Nsw, Heard and Determined in High Court
Outcome
rules nisi for writs of habeas corpus made absolute; applicants discharged
Legal Topics
Extent of Commonwealth Parliament Powers, Deportation by Executive Act, Removal of Causes, Habeas Corpus, Incidental Powers, Immigration, Emigration, Trade and Commerce, Public Departments, Retrospective Legislation, Notice to Person Affected
Constitutional Law Immigration Law Administrative Law Extent of Commonwealth Parliament Powers Deportation by Executive Act Removal of Causes Habeas Corpus Incidental Powers +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Thomas Walsh

Applicant

Jacob Johnson

Applicant

Robert Walter Yates

Respondent

Procedural Posture

Application for Writ of Habeas Corpus / Rules Nisi, Removed From Supreme Court of Nsw, Heard and Determined in High Court

Legal Issues

  1. 1 Validity of sec. 84a of the Immigration Act 1901-1925 as an exercise of Commonwealth Parliament powers
  2. 2 Whether sec. 84a applies to persons whose home is in Australia (members of the Australian community)
  3. 3 Whether sec. 84a can be supported under powers other than immigration (trade and commerce, public departments, incidental powers)

Ratio Decidendi

Section 84a of the Immigration Act 1901-1925 is valid only to the extent that it applies to persons who immigrated to Australia after the establishment of the Commonwealth and have not become members of the Australian community; it does not apply to persons whose permanent home is in Australia or whose immigration occurred before federation. In any case, lawful detention and deportation require that the Minister inform the person with reasonable definiteness of the acts alleged against them. On the facts, neither applicant was lawfully detained, and the rules nisi for habeas corpus should be made absolute.

Court Disposition

rules nisi for writs of habeas corpus made absolute; applicants discharged

Orders

  • Rules nisi absolute with costs
  • Order that applicants be immediately discharged from custody without the issue of a writ of habeas corpus