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5.52pm EDT17:52
The federal government is seeking to overturn a landmark high court decision that deemed Aboriginal Australians cannot be aliens and cannot be deported.
The Love and Thoms ruling in February 2020 ranks as the high court’s most significant constitutional decision in years, with the narrow four-to-three judgment prompting Coalition conservatives to lobby for black-letter judges to be appointed.
Just a year and a half later, the commonwealth has revealed it wants the precedent to be overturned after a New Zealand man tried to fight deportation using the Love and Thoms precedent.
Part of Shayne Paul Montgomery’s federal court case seeks to prove that the category of “non-citizen, non-alien” should be extended to people customarily adopted as Aboriginal even if they have no Aboriginal biological descent.
You can read the full report below:
Updated
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