The Australian’s Legal Affairs editor Chris Merritt says Tuesday’s high court judgement that Aboriginal Australians cannot be deported even if they’re not Australian citizens has “elevated a racial distinction to a point of constitutional privilege”. The government was seeking to deport Daniel Love and Brendan Thoms for serious crimes committed while in Australia.
Both men were born overseas with neither holding Australian citizenship, but they self-identified as Indigenous and argued they should not be considered aliens under immigration law.
The High Court ruled in their favour - declaring Aboriginal Australians have a "special connection" to the country and can not be deported regardless of citizenship status.
Mr Merritt told Sky News host Peta Credlin the decision “would have never been accepted if it were put to the people in a referendum”.
“It limits the ability of the federal government to protect Australians from foreign criminals,” he said.
Image: Associated Press
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