Singh v Commonwealth of Australia

Constitutional law (Cth) – Legislative powers of the Parliament – Power to make laws with respect to naturalization and aliens – Meaning of "aliens" – Plaintiff born in Australia to non-citizen parents – Infant plaintiff not a citizen under the Australian Citizenship Act 1948 (Cth) – Plaintiff's parents citizens of India – Whether plaintiff an alien under s 51(xix) of the Constitution.

Constitutional law (Cth) – Interpretation – Interpretive theories – Significance of historical context in constitutional interpretation – Use of Convention Debates.

Constitutional law (Cth) – Legislative powers of the Parliament – Whether Migration Act 1958 (Cth), s 198 validly authorises the removal of a non-alien from Australia because that person is a non-citizen under the Australian Citizenship Act 1948 (Cth).

Words and phrases – "alien".

Constitution – s 51(xix).

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

Australian Citizenship Act 1948 (Cth) – ss 10(2), 14.