Jones v. Commonwealth of Australia & Ors
Case No.
Case no B47/2022
Case Information
Catchwords
Constitutional law – Powers of Commonwealth Parliament – Power to make laws with respect to naturalisation and aliens – Cessation of Australian citizenship – Where s 34(2) of Australian Citizenship Act 2007 (Cth) ("2007 Citizenship Act") provides Minister for Home Affairs may revoke person's Australian citizenship where, relevantly, person has, after making application to become Australian citizen, been convicted of serious offence (s 34(2)(b)(ii)), and Minister satisfied that it contrary to public interest for person to remain Australian citizen – Where, by operation of transitional provisions, s 34(2)(b)(ii) applies as if it also referred to person's conviction, at any time after person made application for certificate Australian citizenship under Australian Citizenship Act 1948 (Cth), of offence that person committed at any time before grant of certificate – Where plaintiff citizen of United Kingdom by birth and became Australian citizen in December 1988 – Where plaintiff convicted of offences contrary to Queensland laws – Where Minister revoked plaintiff's citizenship, relying on s 34(2)(b)(ii) of 2007 Citizenship Act – Whether s 34(2)(b)(ii) supported by s 51(xix) of Constitution.
Constitutional law (Cth) – Judicial power of Commonwealth – Whether s 34(2)(b)(ii) contrary to Ch III of Constitution – Whether s 34(2)(b)(ii) invalid for conferring upon Minister exclusively judicial function of adjudging and punishing criminal guilt.
Documents
10/10/2022 Writ of Summons
10/10/2022 Notice of Constitutional Matter (Plaintiff)
23/02/2023 Hearing (Single Justice, Canberra by video connection)
20/03/2023 Hearing (Single Justice, Canberra by video connection)
03/04/2023 Order referring matter to the Full Court (Single Justice)
04/04/2023 Special Case Stated
12/04/2023 Written submissions (Plaintiff)
02/05/2023 Written submissions (Defendants)
17/05/2023 Amended Reply
14/06/2023 Outline of oral argument (Plaintiff)
14/06/2023 Outline of oral argument (Defendants)
15/06/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
01/11/2023 Judgment (Judgment summary)