Kenny v Minister for Immigration, Local Government and Ethnic Affairs

Kenny v Minister for Immigration, Local Government and Ethnic Affairs involved an Irish citizen who settled in Australia in 1946 and was subsequently recognised as a British subject. The dispute centred on whether this individual, having been a British subject, could later be considered an "alien" for the purposes of Australian immigration law, and whether the law concerning his re-entry into Australia constituted a law with respect to external affairs under the Constitution. The case was heard by the Federal Court of Australia.

The legal issues before the court were twofold: first, whether the individual could be classified as an "alien" under Australian law, given his status as a British subject at the time of his settlement; and second, whether the law concerning his re-entry into Australia was a law with respect to external affairs, thereby falling within the purview of the Commonwealth Parliament's legislative powers. These questions necessitated an examination of the interplay between Commonwealth legislative powers and the constitutional definition of "aliens."

The court found that the individual could indeed be classified as an "alien" for the purposes of Australian immigration law, as his status as a British subject did not preclude him from being considered an alien in a later context. Furthermore, the court determined that the law concerning his re-entry into Australia did not constitute a law with respect to external affairs. Consequently, the application was dismissed, and the court held that the Commonwealth Parliament did not have the authority to enact such a law under its external affairs power.

The court's decision was final, and the matter was settled in accordance with Rule 36 of the Federal Court Rules. The court's ruling clarified the boundaries of Commonwealth legislative powers in relation to immigration and the classification of aliens under Australian law.