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Australian High Court rules Indigenous people can not be deported

Australian High Court rules Indigenous people can not be deported”

Although Love and Thoms were born overseas and never applied for Australian citizenship, they identify as Aboriginal Australians, have one indigenous parent each, and have lived in the country since they were children.

He indicated the government would not back down from its policy of deporting non-citizens who commit crimes.

Daniel Love and Brendan Thoms were born overseas with at least one of their parents an Australian indigenous citizen. "So it's been a very, very tough time for them both".

Australia's High Court has said Aboriginal people hold a special status under the law so can not be deported - even if they are not citizens.

The Justices of the High Court, however, stopped short of clearing Love entirely - saying in their ruling that they could not be certain of his Aboriginality based on the evidence presented in the case.

For Brendan Thoms the issue is clear cut - he has been released from detention and will not be deported to New Zealand.

Who Are The Men Involved In The Case?

Lawyers are confident they will be able to prove Love's indigenous background in a future court hearing.

The High Court had been requested to rule for the primary time on whether or not, as indigenous folks, Love and Thoms might actually be thought-about "aliens" underneath the structure.

Thoms - who was already recognized as a traditional land owner - was accepted by the court as Aboriginal.

He was born in Papua New Guinea to a Native Australian dad and has really lived in Australia contemplating that he was 5 years outdated.

The pair held Australian visas until they were cancelled in 2018 after they were jailed for violent assaults.

Love was released in September 2018 shortly after the court proceedings were filed.

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"The Federal Government must release our client Brendan Thoms from detention today".

I'm as patriotic as any Australian.

In its ruling, the High Court found Aboriginal Australians could not be considered "aliens" under the Constitution.

Legal experts have warned it would be premature to jump to conclusions about the implications of a landmark high court decision that found Australian Aboriginal people can not be regarded as aliens under the constitution.

"Up until today, it has always been the case that the High Court has said that the Commonwealth Parliament can define essentially who is an "alien".

Morgan Begg, research fellow at the Liberal-aligned think tank the Institute of Public Affairs, said the High Court's decision "to exclude a specific group from the scope of the constitutional aliens power is the most radical instance of judicial activism in Australian history". Image: AAP What Happened?

But most of the judges were not convinced that Love, 40, was indigenous and was accepted as a member of the Kamilaroi tribe. Deporting them would violate an obligation for Australia to look after the Aboriginal community.

Gordon said native title was "one legal effect flowing from common law recognition of the connection between Aboriginal Australians and the land and waters that now make up Australia".

"(It) reaffirms the important connection, the special connection, that Aboriginal people have to Australia and their historical connection".

Ms Gibbs said the government's decision to detain the men "defied logic" and said today's decision had exposed it as "unfair" and "also wrong".

Claire Gibbs, a lawyer for the 2 males, advised reporters afterwards: "This case is not about citizenship, it's about who belongs right here".

"Brendan has spent 500 nights in detention, he has missed two Christmases with his family".



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