Minister for Immigration and Multicultural Affairs v White P74/2000

The Minister for Immigration and Multicultural Affairs appealed to the High Court of Australia against a decision of the Full Federal Court concerning the immigration status of Mr. White. The dispute centred on whether Mr. White, who had been convicted of a criminal offence, was a "non-citizen" for the purposes of the *Migration Act 1958* (Cth) at the time of his conviction. The Minister contended that Mr. White was a non-citizen, which would have allowed for his mandatory detention and potential deportation under the Act.

The High Court was required to determine whether Mr. White was a "non-citizen" within the meaning of section 5 of the *Migration Act* at the time of his criminal conviction. This involved considering the definition of "citizen" and "non-citizen" in the context of the Act and the effect of the *Australian Citizenship Act 1948* (Cth) on an individual's status. The central question was whether Mr. White's acquisition of Australian citizenship prior to his conviction, under the provisions of the *Australian Citizenship Act 1948*, rendered him a "citizen" for the purposes of the *Migration Act* at that relevant time.

The Court, by majority, held that Mr. White was a citizen at the time of his conviction. Gleeson CJ, Gummow and Hayne JJ reasoned that the definition of "citizen" in section 5 of the *Migration Act* referred to a person who is an Australian citizen within the meaning of the *Australian Citizenship Act 1948*. As Mr. White had acquired Australian citizenship under the latter Act prior to his conviction, he was therefore a citizen for the purposes of the *Migration Act* at that time. Consequently, he was not a "non-citizen" and the provisions for mandatory detention and deportation did not apply. Kirby and Callinan JJ dissented, holding that Mr. White remained a non-citizen at the time of his conviction. The appeal was dismissed.