Aliens Deportation Act 1948

Minister for Immigration Arthur Calwell, who introduced the Act, explained the Act targeted "those aliens whose character and conduct are such that they should not be allowed to continue to reside here, but whose deportation cannot be effected at present because of the limitations upon the Commonwealth’s immigration powers".^[2] Despite criticism in parliament about its broad powers, the Act commenced 18 January 1949.^[1][3]

Shortly after coming into force, the Act was put into question by O'Keefe v Calwell (1948), which ruled in favour of Annie O’Keefe, an Indonesian wartime evacuee who had been issued a deportation order. After this defeat, Calwell sought legislation to close the loophole, leading to the War-time Refugees Removal Act 1949.^[4]