In a massively publicized decision, the majority of the High Court ordered this week that Aboriginal Australians, even though they are not citizens of Australia and are not subject to the “immigrants” or “immigration” powers of the Constitution and hence cannot be subjected to the Migration Act 1958 (Cth). Does this choice create a third category of the status of immigration, reserved exclusively for Australia’s first people who don't hold citizenship of Australia?
Details About Third Category of Immigration Status
Deportation is an extremely charged word that is often mistreated by the media to determine any sort of violent expulsion from Australia. Migration law, however, has a special definition of deportation which appeals only to evictions below a deportation order depends on character & security grounds, normally for criminal sentences.
One of the most significant aspects of the Migration Act is the difference between citizens and non-citizens as the Act appeals only to regulate non-citizens. Those who are citizens of Australia are not subjected to the Migration Act. The little recognized as an Australian declaratory visa is an exemption even though this is not technically a visa but acts as an entry authority for Australian dual countries who can't enter Australia with their Australian passport.
The majority of the court decided that Aboriginal Australians that satisfy the test in Mabo v Queensland [No 2] (1992), which is a benchmark case and one of Australia’s most notable, will not come beneath the newcomers' power of the Constitution notwithstanding not being a citizen of Australia. There is a 3-part examination to decide ab-originality that involves verifying:
- Identification of that individual’s membership of the group they recognize with; and
- Identification by the group’s elders or other individuals who have established authority among those people.
One plaintiff, Thoms, was considered by the Australian High Court to reach that definition but a way of holding native title while the other, Love, was applied to the Federal Court to decide his status.
The acting Minister for Citizenship, Immigration, Multicultural Affairs, and Migrant Services goes so far as to state the likelihood of a third category of individuals in Australia based on this choice. While there is apparently a small cohort of individuals that will be influenced, there are lingering difficulties that might be difficult to solve.
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