Indigenous citizenship test: lawyers argue up to a third of Australians at risk of deportation

Weird case and arguments. Unlikely that this would happen in Canada but if anyone knows  of any comparable Canadian cases, would be of interest:

Indigenous Australians’ connection to the land is “important but not equivalent” to allegiance to Australia, the commonwealth has argued in a landmark case fighting for the right to deport two Aboriginal non-citizens.

Lawyers for the two Indigenous men, backed up by the state of Victoria, are arguing the Australian government cannot deport Aboriginal or Torres Strait Islanders even though they don’t hold Australian citizenship because the constitutional definition of “alien” can’t be set by the government of the day through citizenship law.

The plaintiffs, Daniel Love and Brendan Thoms, were born in Papua New Guinea and New Zealand, each with one Aboriginal parent, and face deportation due to laws which allow the cancellation of visas on character grounds. Their fight to stay now hinges on a special case arguing that although they are non-citizens, they are also not aliens.

At a hearing on Thursday, counsel for the two men, Stephen Keim, argued that the high court’s second Mabo decision contained an “understanding of the history of European settlement and imposition of the sovereignty of the crown” which should guide the common law in the way it deals with “a multiplicity of legal issues” beyond native title, such as citizenship.

Chief justice Susan Kiefel suggested that Victoria’s submissions had taken the court into the territory of “Mabo No 3” – a “much wider proposition” that could have implications in many other areas of law.

Keim submitted on behalf of the plaintiffs that Aboriginal people are “permanent Australian nationals and not aliens in Australia” unless they abandon that status.

Source: Indigenous citizenship test: lawyers argue up to a third of Australians at risk of deportation

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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