InDaily InDaily

Support independent Journalism Contribute Subscribe
Support independent journalism

Aboriginal Australians not "aliens": High Court

News

The High Court has ruled Aboriginal Australians cannot be considered “aliens” under the constitution, presenting a major hurdle to the deportation of two men.

 

Print article

The 4-3 majority decision is a big victory for New Zealand-born Brendan Thoms, who is fighting against deportation after serving time in prison.

However, the court was unable to agree as to whether Papua New Guinea-born Daniel Love is Aboriginal, casting some continued uncertainty over his case.

Neither man holds Australian citizenship, but both identify as indigenous, and each has one Australian parent.

The pair held Australian visas until they were cancelled in 2018, after they were jailed for serious crimes.

The men are seeking damages for false imprisonment after being placed in immigration detention pending their deportation.

Last year barrister for the two men, Stephen Keim SC, invoked the case of Mabo which acknowledged the history of indigenous dispossession.

“To remove Aboriginal Australians from the country would be another, if not worse, case of dispossession,” he said.

Want to comment?

Send us an email, making it clear which story you’re commenting on and including your full name (required for publication) and phone number (only for verification purposes). Please put “Reader views” in the subject.

We’ll publish the best comments in a regular “Reader Views” post. Your comments can be brief, or we can accept up to 350 words, or thereabouts.

InDaily has changed the way we receive comments. Go here for an explanation.

We value local independent journalism. We hope you do too.

InDaily provides valuable, local independent journalism in South Australia. As a news organisation it offers an alternative to The Advertiser, a different voice and a closer look at what is happening in our city and state for free. Any contribution to help fund our work is appreciated. Please click below to become an InDaily supporter.

Powered by PressPatron

More News stories

Loading next article