TOPIC:

The recent decision to allow non citizens and persons not born here to be exempt from deportation based on "Aboriginal: status is very problematic to me, it sets a messy precedent that could easily be extended to other areas of law.

As the Chief Justice said (descenting) Mabo and property law should not be extended to other areas of law in this case being migration, but the majority have done just that,

Not only that but they have created 3 classes of persons, Citizens, Aliens and what they now refer to as "Belongers" who are neither of the other two.

I think the Government need to urgently look at what can be done to put this bad law right.

i would pass a statute outlining that the high court has no place in such matters.

ArkRoyal wrote: i would pass a statute outlining that the high court has no place in such matters.

Can't do that Ark, the HCA is the sole decider on Constitutional Matters, and it stops there.

From what I can see, the only way around this is a referendum to clearly define ALIEN in the Constitution.

bazza: it is interesting that all those terms are actually in the constitution

I thought the same as you Bazz when I read the article...it appears you don't actually have to be indigenous just be considered as such by an indigenous group or tribe. If that is the case, then it presents all sorts of problems trying to deport habitual and/or serious criminals who are considered indigenous by association and not by birth.

BC wrote: I thought the same as you Bazz when I read the article...it appears you don't actually have to be indigenous just be considered as such by an indigenous group or tribe. If that is the case, then it presents all sorts of problems trying to deport habitual and/or serious criminals who are considered indigenous by association and not by birth.

Its a 3 arm test BC, the HCA applied Biological, Personal Identification, and Community Acceptance , once all three are there you are Indigenous,

The Biological one doesn't need DNA testing.

Heard an Aboriginal Activist last night saying we were moving towards Indigenous having a whole set of separate rights under Constitution.

She wants Aboriginals only brought before Aboriginal Judges panels in Courts.