Shaw v Minister for Immigration and Multicultural Affairs

Constitutional law (Cth) – Powers of the Parliament - Naturalisation and aliens - Applicant born in United Kingdom - Applicant entered Australia in 1974 - Applicant did not acquire Australian citizenship - Cancellation of applicant's visa by Minister - Whether power of cancellation validly extended to applicant - Whether applicant an "alien" for purposes of s 51(xix) of the Constitution - Whether applicant's statutory status as "British subject" at time of entry into Australia inconsistent with classification as "alien" - Whether applicant a "subject of the Queen" for purposes of s 117 of the Constitution.

Constitutional law (Cth) – Powers of the Parliament - Whether applicant subject to removal under power with respect to immigration - Whether applicant subject to removal under power with respect to external affairs - Whether implied nationhood power relevant.

Constitution – ss 51(xix), (xxvii), (xxix), 117.

Citizenship Act 1948 (Cth) – s 7.

Migration Act 1958 (Cth) – ss 15, 501.

British Nationality Act 1948 (UK).

British Nationality and Status of Aliens Act 1914 (UK).