Hi there. It is not clear how your questions relate to the two individuals on Christmas Island, or the legal problem they face. For this reason, the information below is of a general nature only.

In Australia, the federal parliament can only make laws with respect to certain matters specified in the text of the Constitution. If parliament makes a law that falls outside this scope, it can be challenged in court and declared invalid. As you identified, under the Constitution, the federal parliament can make laws with respect to naturalization and aliens. These laws generally relate to citizenship, immigration and border protection.

To determine whether a specific Commonwealth law is constitutionally valid, the legal and practical effect of the legislation must be considered against the full scope of the federal parliament’s lawmaking power. In your situation for example, the specific drafting and operation of the deportation law would need to be assessed against the Commonwealth’s power to make laws with respect to citizenship, immigration and border protection. This is a complex and technical process that requires the expert assistance of a constitutional lawyer.

The United Nations Convention on the Law of the Sea is an international treaty establishing the rights and responsibilities of countries with respect to seas and oceans. The Convention came into force in 1994 and established new concepts, such as ‘Exclusive Economic Zones’ (i.e. an area over which a country has special legal rights to explore and use maritime resources). Papua New Guinea agreed to be bound by the UN Convention on the Law of the Sea in 1997, although it already had bilateral agreements in place with several countries, including Australia, regarding maritime borders and exclusive zones for economic activity. In 2014, PNG passed new laws regarding its sea boundaries.

Suggested way forward

Although the exact nature of the legal problem you face is not clear, you raise important and technically-complex legal questions. You would benefit from speaking to a constitutional lawyer and international or maritime law expert who can properly respond to your enquiries. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.