Alexander v Minister for Home Affairs [2022] HCA 19

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Alexander v Minister for Home Affairs [2022] HCA 19
High Court of Australia
Kiefel CJ, Gageler, Keane , Gordon , Edelman , Steward and Gleeson JJ
Citizenship – constitutional law – case in original jurisdiction referred to Full Court – plaintiff born
in Australia and had Australian citizenship – plaintiff also had Turkish citizenship by descent –
Minister determined under s36B of Australian Citizenship Act 2007 (Cth) that plaintiff ceased to
be an Australian citizen in light of alleged terrorism in Syria – plaintiff challenged validity of s36B
– s36B permissible as an exercise of aliens power – s36B purported to confer judicial power on
Minister contrary to Ch III – by majority, Steward J dissenting, s36B declared invalid.
Alexander v Minister for Home Affairs

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