Government Told It Can't Deport Aboriginal Australians, In Landmark Court Ruling

Lawyer Claire Gibbs speaks to reporters outside the High Court in Canberra Australia on Tuesday Feb. 11 2020. Gibbs told that her two clients who identify as indigenous Australians will sue the government for wrongful detention. Australia's highe

The country's conservative government has recently moved to deport hundreds of foreigners convicted of crimes as part of an immigration crackdown that can also leave dual-nationals stripped of their Australian citizenship.

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

According to media reports, the High Court in Australia was hearing a case of two men who were not born in the country and were convicted of crimes, facing a jail term of more than a year.

"That Aboriginal Australians are not "aliens" within the meaning of that constitutional term in s 51 (xix) is another", she said.

"Brendan has had 500 sleepless nights worrying he could be deported at any time and that is now thankfully at an end".

" He is extremely delighted to have been launched and to now be reunited with his household at long last", she added.

Acting Immigration Minister Alan Tudge said the ruling "created a new category of persons; neither an Australian citizen under the Australian Citizenship Act, nor a non-citizen".

Thoms, born in New Zealand, is a descendant of the Gunggari People through his maternal grandmother.

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

Daniel Love and Brendan Thoms were born overseas with at least one of their parents an Indigenous Australian citizen.

However, the majority couldn't agree as to whether or not Love is Aboriginal.

These were the details of the news Aboriginal Australians born overseas can not be deported, court rules for this day.

Aboriginal Australians had been the primary inhabitants of Australia.

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Each Love and Thoms have been positioned in immigration detention and threatened with deportation on their launch from jail after serving sentences for unassociated legal actions.

He is now being held on the Gold Coast.

Mr Thoms has been in immigration detention while awaiting the outcome of the case.

The existence of that connection, they stated, meant Aboriginal Australians couldn't be classed as "alien" underneath the regulation.

"This case isn't about citizenship. It's about who belongs here, who is an Australian citizen and who is part of the Australian community", Gibbs told reporters outside the court.

" The High Court has found that Aboriginal Australians are secured from deportation".

"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", a summary of the majority decision read.

The Department of Home Affairs did not immediately respond to a request for comment.

Gibbs said both Love and Thoms would sue the government for wrongful detention.

Lawyers will now pursue compensation claims on behalf of both men, who Ms Gibbs said had suffered "severe embarrassment" and been "subject to ridicule" as a result of being Aboriginal men held in immigration detention. They are not Australian citizens, but both identify as Aboriginal Australians.

But they spent time in prison for serious criminal offences and the government cancelled their visas in 2018 and sought to deport them - Mr Thoms to New Zealand and Mr Love to Papua New Guinea.

"I see it as a very positive development", Crock told Australian Broadcasting Corp. of the ruling.

Australia has never reached a treaty with its indigenous peoples, which many argue this would bring important recognition.

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