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Australian govt abandons battle over ruling

that Aboriginal people cannot be deported

The court issued its landmark ruling in a four-three decision in 2020.

That case had been brought by two men, Brendan Thoms and Daniel Love, who were born overseas and faced deportation after stints in jail.

Thoms was released from immigration detention immediately after the court issued its judgement.
Love was already free, as the government had reversed its decision to revoke his visa.

The High Court's 2020 ruling said Aboriginal Australians had a "special cultural, historical and spiritual connection with the territory of Australia, which is central to their traditional laws and customs and which is recognised by the common law".

"The existence of that connection is inconsistent with holding that an Aboriginal Australian is an alien within the meaning of section 51(xix) of the constitution," the decision read.

The court found immigration laws did not apply to Thoms, who was a recognised native title holder.

Link to article: Australian govt abandons battle over ruling that Aboriginal people cannot be deported | RNZ News



 

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