Long v Minister for Immigration & Multicultural & Indigenous Affairs

REASONS FOR JUDGMENT Introduction 1 Brian Long came to Australia from the United Kingdom as a child in 1975. Although he has returned to England with his family on two occasions since then, he has lived continuously in Australia since 1981. He has married here and had children. But he never took out Australian citizenship. Because of serious criminal offences for which he was convicted and sentenced to terms of imprisonment, the Minister for Immigration and Multicultural and Indigenous Affairs has cancelled his visa and he is now being detained as an unlawful non-citizen. Long challenges the cancellation and his detention on the basis that they are beyond power because he is neither immigrant nor alien but a British subject who is part of the Australian community. As will be seen, the sole question in this case is whether he is an alien and therefore within the reach of the powers which the Minister has exercised against him. Factual History 2 Brian Edward Long was born in Liverpool in the United Kingdom on 11 October 1963. He is a citizen of the United Kingdom. He came to Australia as an 11 year old on 24 March 1975 with his parents and three sisters and was granted a BF Transitional (Permanent) Visa. The family returned to the United Kingdom in December 1975 and remained there until 21 March 1977 when they travelled back to Australia. Long was then aged 13. In June 1979, the family again returned to England, save for one of Long's sisters who had married and remained in Western Australia. 3 After completing his schooling in England, Long wanted to return to Australia. He persuaded his parents to let him come back and live with his sister. He arrived back in Australia on 24 March 1981 and has resided in this country ever since. He was then aged 17. Some six months later, his parents made their final decision to live in Australia and returned with his two remaining sisters. The family has resided in Western Australia since that time. 4 Following his return to Australia in March 1981, Long was determined to make it his permanent home. He began work as Trades Assistant for a welder and did this for about a year. He then worked as an apprentice roof carpenter for about six months and then as a roof carpenter for about four years until late 1985. 5 He had met his wife, Ann Long, in England in 1980. She came to Western Australia on a visit in September 1981. They decided they would marry and that she would become a permanent resident. They married on 1 May 1983. They have four children: