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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