Ali Abdul v. the King

List of prohibited immigrants issued by the Home and Territories Department, 8 September 1921

NAA: A1, 1923/13157, pp.24–26

The government was concerned about the numbers of deserters and stowaways illegally entering the country. This list, offering rewards of up to £20, encouraged police to identify and apprehend illegal immigrants.

List of prohibited immigrants issued by the Home and Territories Department, 8 September 1921

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Application by Ali Abdul, forwarding his notice of appeal to the High Court of Australia, 3 December 1931

NAA: A10071, 1931/60, p.2

Ali Abdul lodged his appeal from within the State Penitentiary at Long Bay.

Application by Ali Abdul, forwarding his notice of appeal to the High Court of Australia, 3 December 1931

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Document registering the High Court's verdict in favour of Ali Abdul's appeal, 14 December 1931

NAA: A10071, 1931/60, p.25

Document registering the High Court's verdict in favour of Ali Abdul's appeal, 14 December 1931

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Sworn affidavit by Ali Abdul setting out the basis of his appeal to the High Court of Australia, 3 December 1931

NAA: A10071, 1931/60, p.3

Ali Abdul sought to prove that the Immigration Act did not apply to him as he had arrived in the Commonwealth prior to 1901.

Sworn affidavit by Ali Abdul setting out the basis of his appeal to the High Court of Australia, 3 December 1931

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Memorandum from the Boarding Officer, Customs and Excise Office, Brisbane, describing the results of his enquiries into Ali Abdul, 28 August 1930

NAA: A10071, 1931/60, p.50

Ali had claimed that prior to the war he had leased a shop in South Brisbane from Mr Teller of Queensland Trustees, but the Boarding Officer's enquiries failed to support Ali's claims.

Memorandum from the Boarding Officer, Customs and Excise Office, Brisbane, describing the results of his enquiries into Ali Abdul, 28 August 1930

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Copy of the evidence presented at Ali Abdul's trial before the Central Police Court in Sydney, 23 September 1931

NAA: A10071, 1931/60, pp.10–12

This copy was presented during the hearing of Ali Abdul's appeal to the High Court of Australia. It includes statements and answers to cross-examination from witnesses at Ali's trial.

Copy of the evidence presented by Thomas Victor Maher, Customs Officer, at Ali Abdul's trial before the Central Police Court in Sydney, 23 September 1931

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Copy of the evidence presented by Ali Abdul at his trial before the Central Police Court in Sydney, 23 September 1931

NAA: A10071, 1931/60, pp.12–15

Copy of the evidence presented by Ali Abdul at his trial before the Central Police Court in Sydney, 23 September 1931

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Copy of the evidence presented by Annie Emma Croaker at Ali Abdul's trial before the Central Police Court in Sydney, 23 September 1931

NAA: A10071, 1931/60, pp.16–17

Copy of the evidence presented by Annie Emma Croaker at Ali Abdul's trial before the Central Police Court in Sydney, 23 September 1931

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Copy of the evidence presented by Victor Joseph Phillips at Ali Abdul's trial before the Central Police Court in Sydney, 23 September 1931

NAA: A10071, 1931/60, pp.17–18

Copy of the evidence presented by Victor Joseph Phillips at Ali Abdul's trial before the Central Police Court in Sydney, 23 September 1931

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Copy of evidence presented by Rhamut Khan at Ali Abdul's appeal to the Court of Quarter Sessions, November 1931

NAA: A10071, 1931/60, pp.26–8

Rhamut Khan did not testify at Abdul Ali's initial trial. The appeal judge did not seem to regard his evidence highly.

Copy of evidence presented by Rhamut Khan at Ali Abdul's appeal to the Court of Quarter Sessions, November 1931

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Copy of evidence presented by Ali Abdul at his appeal to the Court of Quarter Sessions, November 1931

NAA: A10071, 1931/60, pp.29–33

Copy of evidence presented by Ali Abdul at his appeal to the Court of Quarter Sessions, November 1931

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Copy of evidence presented by Gerald McElligott at Ali Abdul's appeal to the Court of Quarter Sessions, November 1931

NAA: A10071, 1931/60, pp.34–5

Copy of evidence presented by Gerald McElligott at Ali Abdul's appeal to the Court of Quarter Sessions, November 1931

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Reasons for judgment of Judge White in dismissing Ali Abdul's appeal before the Court of Quarter Sessions, November 1931

NAA: A10071, 1931/60, pp.38–40

In Judge White's opinion, Section 5(3a) of the Immigration Act set down that Ali Abdul could not prove his case unless he could state the name of the ship on which he arrived.

Reasons for the judgment of Judge White in dismissing Ali Abdul's appeal before the Court of Quarter Sessions, November 1931

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Record of interviews with Ali Abdul conducted by Thomas Maher, Customs Officer, on 29 July 1930 and 26 August 1931

NAA: A10071, 1931/60, pp.42–44

Under cross-examination, Ali Abdul contested the accuracy of this document.

Record of interviews with Ali Abdul conducted by Thomas Maher, Customs Officer, on 29 July 1930 and 26 August 1931

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Memorandum from Thomas Maher for the Boarding Inspector, NSW Customs and Excise Office, 4 August 1930

NAA: A10071, 1931/60, pp.46–7

These claims arose during Maher's first interview with Ali Abdul. Maher's inquiries were forwarded to the customs offices in Melbourne and Brisbane for further investigation. Unsatisfied with the results, Maher interviewed Ali again the following year.

Memorandum from Thomas Maher for the Boarding Inspector, NSW Customs and Excise Office, detailing claims made by Ali Abdul requiring further investigation, 4 August 1930

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Judgment on Ali Abdul's appeal by the High Court of Australia, 14 December 1931

NAA: A10071, 1931/60, pp.5–6

The High Court found that Ali Abdul was not an 'immigrant' under the meaning of the Immigration Act.

Judgment on Ali Abdul's appeal by the High Court of Australia, 14 December 1931

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Justice Sir Edward McTiernan, 1954

NAA: A1200, L16865

Justice Sir Edward McTiernan, 1954

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