'Chetcuti v Commonwealth': Justice Nettle's last words

Abstract

There have been several cases of long-term Australian resident non-citizens resisting deportation. The case of Chetcuti v Commonwealth (Chetcuti), decided on 26 November 2020, is a High Court decision falling within that last category. The case was heard by Nettle J sitting alone, and provides the last words from that judge – just prior to his retirement – on the ongoing questions surrounding citizenship and exclusion under the Australian Constitution. Frederick Chetcuti, in his case before Nettle J, sought to avoid deportation by arguing that he was not an alien and therefore could not be subject to that Act. Nettle J rejected his arguments.