I refer to my memorandum of 3rd March,¹ in reply to your memorandum No. 1399 of 20th January.

(2)  I should point out that in the case of the King v. The Home Secretary, ex parte L., reported in 1945 K.B. p. 7, it was decided that the courts of Great Britain will not in time of war recognize any change of nationality brought about by a decree of an enemy State, which purports to turn any of its subjects into a Stateless person or a subject of a neutral State. That decision, while not binding on the Courts in Australia, would, I think, undoubtedly be followed by the Courts here.

(3)  Accordingly a person who was an enemy alien retained that status notwithstanding that during the war the law of the enemy country purported to make him stateless.

(4)  With regard to the final paragraph of my memorandum dated 3rd March regarding Austrian nationals, I would mention that the formal state of war with Austria was not terminated in respect of Australia until noon on 7th October, 1948.

(5)  I would suggest that, if the application of the principles referred to in this and my memorandum of 3rd March present any difficulty in particular cases, the papers be referred for advice.

[Vol. 38, p. 274]

¹ Opinion not published.