Attempted Exclusion of Egon Kisch From Australia - Prime Minister Lyons Intervenes

Prime Minister Lyons Intervenes

In December 1934 the Australian Prime Minister Joseph Lyons contacted the British Government and received the following written advice: Position is that Egon Kisch was refused leave to land in the United Kingdom in September 1933 on account of his known subversive activities stop permission to enter the United Kingdom would now not be granted to him stop Secretary of State for Dominion Affairs stop

The government then made a second declaration under the Immigration Restriction Act, overcoming the technical shortcoming which Evatt had found in the first, and on 21 January 1935 the Central Sydney Police Court convicted Kisch of being a prohibited immigrant and sentenced him to three months imprisonment with hard labour. However, Kisch was released on bail when his lawyer took an appeal to High Court Justice Evatt, who again ruled that Kisch be set free. Evatt pointed out that, under the law, the minister had no power to rule on immigration matters after a person had entered Australia and he set up a hearing of the Full Bench of the High Court for March.

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