cua. 1v] IMMIGRATION OF COLOURED RACES 1083
oxistence of the Commonwealth, a general Immigration Act
was passed in 1901, which provided for a language test, and
this, amended since in many particulars, last in 1910 1_g0 as
to prevent the smuggling in of Asiatics, especially Chinese—
is still in force, though it is rarely applied, for the mere
existence of the test keeps out all coolies, and an informal
arrangement with India? in 1904 allows free entry to
merchants, students, and similar people who do not desire to
settle in the country for good ; indeed, as regards them the
policy of Australia is generous and satisfactory to every one.
The character of the test when set may be illustrated by a
passage set, it seems, in 19083 to a Chinese immigrant :—
Very many considerations lead to the conclusion that life
began on the sea first as single cells, then as groups of cells
held together by a secretion of mucilage, then as filaments
ind tissues. For a very long time low-grade marine organ-
sms are simply hollow cylinders through which salt water
streams.
The effect of the Commonwealth Immigration Act has
received full consideration in several cases from the High
Court ; it has been held that it only applies to a true immi-
grant, though immigration covers entry for a non-permanent
residence ; that therefore a Chinese boy—it is not clear
whether legitimate or not—who was taken to China at age 5
by his father, cannot be deemed an immigrant on his return
after twenty-eight years as a man to Australia. On the
other hand, it has been held that the artificial law of domicile
does not afford ground for a Chinese born out of Australia
to claim to return because his father was there domiciled.?
In other matters. however, the Asiatic question has still
qualification ; by an Act of 1905 the freehold qualification disappeared.
See also 51 Viet. No. 11,8. 7; 56 Vict. No. 11.8. 43 ; 61 Viet. No. 25.8. 85;
52 Viet. No. 24.
\ See No. 17 of 1905; No. 25 of 1908; No. 10 of 1910.
* Commonwealth Parl. Pap., 1905, No. 61.
West Australian, May 1, 1908,
\ Chia Gee v. Martin, (1905) 3 C. L. R. 649; Lindberg v. Ah Sheung,
(1906) 4 C. L. R. 649; Ah Yin v. Christie, (1907) 4 C. L. R. 1427.
