The High Court has struck a major blow to the federal government's attempt to deport two Indigenous men, ruling that Aboriginal Australians are exempt from the Commonwealth's 'aliens power' under the constitution and cannot be deported
The High Court has struck a major blow to the federal government's attempt to deport two Indigenous men, ruling that Aboriginal Australians are exempt from the Commonwealth's "aliens power" under the constitution and cannot be deported.
Papua New Guinea-born Kamilaroi man Daniel Love and New Zealand-born Gunggari man Brendan Thoms are fighting against deportation after their visas were cancelled in 2018 following criminal convictions and serving jail time. The court ruled that as an Aboriginal Australian, Brendan Thoms, could not be subjected to the "aliens power" under the constitution.
Maurice Blackburn senior associate Claire Gibbs, who is acting for Mr Love and Mr Thoms, said the court's decision was significant for all Aboriginal Australians born overseas.
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