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Tell me law - 11

Matthew Karakoulakis - Principla at AMK Law Source: NITV Radio

In this episode we explore decisions by the High Court of Australia that stopped an attempt by the Australian government to deport two Indigenous men, one of them a Traditional Owner and Elder.

The High Court’ decision relates to two separate but similar cases: Love vs Commonwealth of Australia and Thoms vs Commonwealth of Australia.

Brendan Thoms and Daniel Love both identify as indigenous, and each has one Australian parent.

Neither man holds Australian citizenship. The pair held Australian visas until they were cancelled after being jailed for serious crimes.

The High Court ruled Indigenous Australians could not be deported as they were not considered ' aliens' under the constitution.

The judges ruled 4-3 in favour of Mr Thoms, but were unable to agree whether Papua New Guinea-born Daniel Love was Aboriginal.

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