Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Ame

Immigration – Applicant born in Papua prior to 1975 - Applicant acquired Australian citizenship by birth but required an entry permit to enter or reside in Australia - Applicant in Australia without a substantive visa - Whether ss 189, 196 and 198 of the Migration Act 1958 (Cth) could apply to the applicant - Whether the applicant ceased to be an Australian citizen under the Australian Citizenship Act 1948 (Cth) when Papua New Guinea became an independent sovereign state in 1975 by virtue of Papua New Guinea Independence Act 1975 (Cth) and regulations made thereunder - Whether the applicant became a citizen of Papua New Guinea by virtue of the provisions of the Papua New Guinea Constitution - Whether the applicant had a right of permanent residence in Australia within the meaning of the Papua New Guinea Constitution.

Statutes – Whether the Papua New Guinea Independence Act 1975 (Cth), s 6 validly authorised the making of a regulation affecting citizenship.

Constitutional Law (Cth) – Territories - Where Papua and New Guinea were acquired as external territories by the Commonwealth and then relinquished - Ambit of the law-making power conferred by s 122 of the Constitution respecting relations between Australia and inhabitants of an external territory - Whether power may be exercised to change a person's status from non-alien to alien without that person's consent.

Constitutional law (Cth) – Naturalization and aliens - Whether the legislative power conferred in s 51(xix) of the Constitution may be exercised to change a person's status from alien to non-alien without that person's consent.

Constitution – ss 51(xix), 122.

Constitution of the Independent State of Papua New Guinea – ss 64, 65.

Migration Act 1958 (Cth) – ss 189, 196, 198.

Papua New Guinea Act 1963 (Cth) – ss 4, 5, 6.

Papua New Guinea Independence Act 1975 (Cth) – ss 4, 6.

Papua New Guinea Independence (Australian Citizenship) Regulations 1975 (Cth) – reg 4.