Taurino v Minister for Immigration and Multicultural and Indigenous Affairs

Taurino, a citizen of Papua New Guinea, challenged the decision by the Minister for Immigration and Multicultural and Indigenous Affairs to cancel his Transitional (Permanent) Visa under section 501(2) of the Migration Act 1958 (Cth). Taurino contended that he was not an alien as defined by the Australian Citizenship Act 2007 (Cth), and thus, the cancellation decision was invalid. The court had to determine whether the 1984 amendments to the Australian Citizenship Act effectively altered the status of Taurino from a non-alien to an alien, and whether such changes were validly exercised under the aliens power of the Australian Constitution.

The legal issues at hand revolved around the interpretation of the term 'alien' and the scope of the aliens power under the Constitution. The court needed to ascertain whether Taurino, who was a British subject under the Australian Citizenship Act at the time of his entry into Australia in 1982, remained a non-alien despite the 1984 amendments that omitted the exclusion of British subjects from the definition of aliens. Additionally, the court examined whether the 1984 amendments, by omitting the exclusion of British subjects, could be interpreted as intending to classify them as aliens.

The Federal Court ruled that the 1984 amendments to the Australian Citizenship Act had the effect of treating Taurino, who was previously a British subject, as an alien. The court emphasised that only plain and clear language could alter an individual's status from non-alien to alien. However, the court found that the 1984 amendments did not contain such clear language, and thus, the omission of British subjects from the definition of aliens did not automatically classify them as aliens. The court also noted that the High Court had previously held that it is for Parliament to determine who is an alien, and the court must respect this legislative intent. Consequently, the court concluded that the application of section 501(2) of the Migration Act to Taurino was valid under section 51(xix) of the Constitution.

The court quashed the decision of the Minister to cancel Taurino's visa and restrained the respondent from deporting or removing him from Australia. The respondent was ordered to pay Taurino's costs of the proceeding.