DEPORTATION DECISION

Evening Star, Issue 19127, 19 December 1925, Page 3

DEPORTATION DECISION

HIGH COURT’S ANNOUNCEMENT THE REASONS GIVEN. Press Association—By Telegraph—Copyright. Australian and N.Z. Press Association. SYDNEY, December 18. The reasons actuating the High Court in ordering the release of Walsh and Johannsen from custody were announced to-day. All the judges wore unanimous in expressing the opinion that the Commonwealth could not provide for the deportation of citizens who were in Australia before the inauguration of the federation in 1901. The court was of opinion that such citizen could not be transformed into an immigrant for the purposes of the Immigration Act, under which flic deportation proceedings wore initiated. As Walsh arrived in Australia in 1892, he was released for this reason. The Act, however, did not, extend to persons arriving in Australia since 1901, including Johannsen, lint, lie was released because it was necessary before any person could lawfully ho required to show cause to a board or suffer deportation that he should be informed with reasonable definiteness of the particular acts for winch the Minister proposed to deport him. No such information, according to evidence given before the High Court, was ever given.