Tuesday, 04 August, 2020

Australian high court rules Aboriginal-Kiwi can not be deported

HUGE High Court Declares Aboriginal Australians Cannot Be Deported From The Country HUGE: High Court Declares Aboriginal Australians Cannot Be Deported From The Country
Deanna Wagner | 14 February, 2020, 03:23

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

Aboriginal people can not be deported from Australia because they are exempt from immigration laws, the High Court has decided.

The two men at the centre of the case were foreign nationals living in Australia, convicted of crimes, but who identified as Aboriginal, which according to the "highest court in our country" means they can not be deported from Australia.

" Brendan has had 500 sleep deprived nights fretting he might be deported at any time, and that is now fortunately at an end", Gibbs mentioned in a press release.

"He is very happy to have been released and to now be reunited with his family at long last", she added.

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".

"On the face of it, it has created a new category of persons; neither an Australian citizen under the Australian Citizenship Act, nor a non-citizen", he said in a statement. Their visas have been revoked after they have been individually convicted in 2018 of legal offenses that carried jail sentences of more than a 12 months.

Both men had been living in Australia with permanent residence visas, but had never applied to become citizens.

Brendan Thoms and Daniel Love - who had no prior connection - were born in New Zealand and Papua New Guinea respectively but moved to Australia as children.

However a bulk of judges was not inspired that Love, 40, was native and was accepted as a member of the Kamilaroi tribe.

Both Love and Thoms were placed in immigration detention and threatened with deportation upon release after serving sentences for unrelated crimes.

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Love has had his visa restored since his lawyers initiated court action in 2018 and lives on the Gold Coast.

After serving part of an 18-month sentence for a domestic violence assault, he was taken into immigration detention, where he had remained until today's outcome.

"It's about the use of alien powers, which we believe the government has been using inconsistently, unfairly and, now we've proven, unlawfully".

The case relates to an appeal by two men who have Aboriginal heritage but foreign citizenship, and were to be deported over their criminal record. "It's about who belongs here, who is an Australian national and who is part of the Australian community", she told reporters outside court yesterday.

Sky News host Peta Credlin says Tuesday's High Court judgement on convicted indigenous deportation laws essentially declares "race trumps the principle that we are all equal before the law".

"Aboriginal Australians have 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", they found.

However, Love and Thoms both identify as Indigenous.

"Both of my clients have suffered severe embarrassment about being Aboriginal men in immigration detention and they've been subject to a lot of ridicule", Gibbs said.

The conservative government of Australia had tried to treat men as foreigners and deport them to Papua New Guinea and New Zealand.

The ruling is being seen as a historic moment for the recognition of Australia's first inhabitants.

A number of individuals have really been deported from Australia, usually to nations they'd really left when merely youngsters.