The State appealed against a decision of the High Court that found that Section 5(1)(e) of the Aliens Act 1935 was unconstitutional. The High Court had found that this Section unconstitutionally delegated the power of deportation to the Minister when it was essentially a legislative measure.
The Supreme Court upheld the finding that Section 5 of the Aliens Act 1935 was unconstitutional and confirmed that the Minister could not have a legislative power in relation to deportation unless some provision was made in the parent Act. The Court also held that Article 13(1) of the Aliens Order 1946 was beyond the powers of the 1935 Act and also contrary to the Constitution because it purported to confer a power to make deportation orders on the Minister.
