NO POWER TO DEPORT.
Judgment of High Court.
REASONS FOR RELEASE OF ACCUSED. By Cable —Press Association—Copyright. Auslru'ian and N.Z. Cuble Association (Received December 18, 9.35 p.m.) SYDNEY, The reasons actuating tnc J|i igh Court in ordering the release of AYalsh and Johnston from custody- were announced to-day. All the judges are unanimous in expressing the opinion that the Commonwealth cannot provide for deportation of citizons who wero in Australia before the inauguration of Federation in 1901.
The Court was of opinion that such citizens could not be transformed into immigrants for the purpose of the Immigration Act, under which the deportation proceedings wero initiated. As Walsh arrived in Australia in 1892, he rvas released for this, reason. The Act, however, did extend to persons arriving in Australia since 1901, including Johnston, but ho was released as it was necessary before any person could lawfully be required to, show cause to a Board, or suffer deportation, lie should he informed, «dtli reasonable definiteness of the particular acts for which the Minister proposed to deport him. No such information was, according to tho evidence given before the High Court, ever given.
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Bibliographic details
Timaru Herald, Volume CXXIII, 19 December 1925, Page 9
Word Count
190NO POWER TO DEPORT. Timaru Herald, Volume CXXIII, 19 December 1925, Page 9
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