High Court appeal could 'shake the bedrock of what it means to be an Aboriginal person', Indigenous leaders say

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The federal government will use an appeal hearing to challenge an earlier High Court ruling that effectively put Aboriginal and Torres Strait Islander people beyond the reach of immigration laws, even if they were born overseas and did not have Australian citizenship.

Mr Montgomery's lawyer, Arti Chetty, said it had been a stressful time for her client and his family.

They will tell the court his detention was illegal because the immigration officer who cancelled his visa lacked the "reasonable suspicion" he was an unlawful non-citizen. While the government's primary focus is to show Mr Montgomery is not covered by the so-called Love and Thoms ruling, its lawyers will today use the opportunity to ask the High Court to consider throwing out that decision.

Mr Montgomery's lawyers say the court should not entertain the call to throw out the original ruling at this stage. Since the original judgement, two judges who ruled in favour of the "aliens" decision, Virginia Bell and Geoffrey Nettle, have left the bench.

 

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Indigenous NZ mauri, Australian aboriginal and a convict. Poor chap is probably schizophrenic.

How dumb is the world. He's not aboriginal he is a Kiwi. If he doesn't have dual citizenship, that's his issue. I for one believe that criminals from another country should be deported. This is not an issue about being an Aboriginal. It's about 'I stuffed up, how can I stay?'

What a shit show - indigenous rights advocates should be outraged. He has no connection to Australian aboriginals at all, he can identify as a pumpkin but doesn’t make him one. Ridiculous situation.

I heard this argument the other day. Let me get this straight… “If the community sees you as black you are welcomed as black.” So someone gets to chose if your black ? 🤦‍♂️

If you’re not at least 50% Aboriginal/Indigenous by blood then you shouldn’t be able to claim any benefit of the status. “Identify” all you like, but you’re not genuinely Aboriginal/Indigenous, you’re just culturally appropriating.

His mother was Australian. Why isn't he an Australian citizen?

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