High Court to rule on whether Australia can deport two Aboriginal 'aliens'

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Two Aboriginal men will learn whether the government can deport them when the High Court hands down a judgment on Tuesday.

The Morrison government is looking to deport Daniel Love and Brendan Thoms for serious crimes they committed in Australia.

Both men were born abroad with neither holding Australian citizenship, but both identify as Indigenous, with each having one Australian parent.Last year, lawyers for the two men argued they couldn't be considered"aliens" under immigration law. The pair are seeking damages for false imprisonment after being placed in immigration detention pending their deportation.

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.The pair say their Aboriginality - by descent, self-identification and community acceptance - is bolstered by their longstanding residence in Australia.Each held an Australian visa until it was cancelled in 2018, after the two men were jailed for serious crimes.

 

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Wow to report the facts . Good to see you maintaining such a high standard of journalism... 🙄

Bit on the nose to be saying sending home criminals is worse than historic dispossession faced by others

Deporting foreign citizens for serious crime is not without controversy. What should be a factor is their connection to their own primary nation. We shouldn't be deporting people who came here as kids, that's nuts but if they came here as adults, the law should be equally applied

SBS is it Qanon who hacked the page? Or some neo nazi group? Ive used the page many times without a problem, all of a sudden it is a dangerous identity theft page

SBS their page was hacked earlier today - still is - just checked it.

So aboriginal by descent this could apply to many who moved overseas over the generations they only need do DNA

Is this what Australia is? Are people really THIS racist? It's THEIR COUNTRY!!!! Having serious buyers remorse in choosing to be a citizen here. NZ at least embraces it's 'real' history and it's first nations people.

So not even born in Australia to begin with.....

What exactly makes them Aboriginal?

White Australia

Total clickbait. They aren't even Australian, and both have committed serious crimes. You're a joke SBS. auspol pmlive outsiders

Their 'aboriginality' doesn't protect them. They aren't Australian citizens. The end, case closed.

It would be racist not to deport them. Why should part of their DNA result in them getting different treatment to others?

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