Should Aboriginal people have a right to live in Australia no matter where they were born? This is why the High Court says yes

Because the common law recognises their unique connection with Australian lands and waters, they must be regarded as 'belonging' to Australia and therefore cannot fall within the meaning of 'alien' as used in the Constitution.

The Crown's obligation of protection included not casting out Aboriginal people from Australia as aliens. Justice Patrick Keane, however, rejected the notion of 'permanent allegiance' as a paternalistic approach that potentially limits the autonomy of persons of Aboriginal descent. He argued that this was not consistent with fundamental notions of equality before the law.

Chief Justice Kiefel said that"race is irrelevant to the questions of citizenship and membership of the Australian body politic".

Source: Law Daily Report (lawdailyreport.net)

Of course they should. White man's law has no business in this matter

Isn’t your nationality determined by place of birth? Don’t we have to prove this for a passport? Also what about the good character test do they pass?

At the risk of stating the bleeding obvious - yes.

yep ,

YES

Racial privilege ?

So the High Court now makes racism legit. Next, bringing back the White Australia Policy. Where only white Australians are jailed.

Pure, unadulterated, blatant, racism. SoUgly

If we are starting to rank people's rights based on connection to land, does that mean Sydneysiders and other city dwellers will have the least rights of all?

I wonder if Europe would let us white folks back?

Cue racists that think deportation should be determined by ethnicity not nationality

What % aboriginal? 1%, 10%, 50% ? Should there be a DNA test with an official cut-off point?

Racial basis for citizenship, and creates a two tier citizenship. This will end well, and won’t cause resentment.

Social media is so Black and White (no pun intended) would this ruling apply for some whites who's parents are Australians gave birth in another country then moved back to Australia where the child was raised from and early age. Would he then get the same legal standing

No if they are violent criminal like this guy

Quintessential racism, classic Aboriginal privilege. Whatever happened to judging a person on the basis of their character, rather than the colour of their skin?

Why not? Already happens around the world elsewhere, and not just limited to the indigenous population.

Regrettably, there are far to many judges that allow their indigenous sympathies and allegencies to overshadow their application of both law and community expectations.

ABCIndigenous Yes, because genocide was committed against us and we still survive.

Great for the crims to get off

...let's look at this - one group of Australians is 'special status' the other is?... HighCourtIdiots

Common sense indicates that yes it is the case. However their blood relation and aboriginality should be DNA tested to be fare and direct descendants of Australian citizens should be equally treated.

Why is this even up for questioning?

No

NO

So, like Jewish folk and right if return? Is not unprecedented

I wonder what Aboriginal is? Is it 1/16th Aboriginal or is it infinite? Is proof required? Are there penalties for falsely claiming and using Aboriginal status ?

No. Race, claimed or otherwise does not put you outside citizenship law. However fully support them being free because Fuhrer Dutton has weaponised the character test. People on residency visas almost their entire lives should not live in fear of being deported on a Dutton whim.

Interesting. Effectively perpetual nationality based on heritage. Some part of me is fine with this, as cultural heritage is important. Other parts less so (i.e. avoidance of laws based on ethnicity)

Reform of the high court is now a priority.

One has access to native title so ya know pretty hard to deport someone in that basis.

LNPalphadickheads announce fuckoff back to where you came from policy for aboriginal Australians

these are matters that should have been sorted out a long time ago. australia does nothing until it has too and then scrambles.` You just answer automatically 'well of course. ' when are non aboriginal australians going to realise that no other country on earth is the same.

Irrespective of this, both have served time for violent assualt. If I was an Aboriginal person I wouldn't want either associated with my people. As an Australian citizen I don't want either of these individuals given citizenship.

To the two men claiming to be Aboriginal, please hold Dark Emus Woomera.

No.

Citizenship is based on birthplace not race or chosen identity.

The HighCourt makes a dangerous activist judgement excusing indigineous people (and those who claim indigineousness) from the law. Imagine how activist they will be if we separate the constitution by race. They have helped defeat the coming referendum. auspol voteno

Apartheid is alive and well in Australia.

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