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Landmark case says Aboriginal Australians cannot be deported

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first_imgTopics : Aboriginal Australians are exempt from immigration law, the country’s top court ruled Tuesday, in a historic decision that found indigenous people born overseas cannot be deported.Australia had been trying to deport two men — Papua New Guinea citizen Daniel Love and New Zealand citizen Brendan Thoms — under laws that allow a convicted criminal’s visa to be cancelled on character grounds.Both men identify as Aboriginal Australians, each has one indigenous parent, and they have lived in the country since they were small children. But the judges could not agree on whether Love was under a three-part test that considers biological descent, self-identification and community recognition.Lawyer Claire Gibbs, who represented the men, hailed the decision as “significant for Aboriginal Australians”.”This case isn’t about citizenship, it’s about who belongs here, who is an Australian national and who is a part of the Australian community,” she told reporters in Canberra.”The High Court has found Aboriginal Australians are protected from deportation. They can no longer be removed from the country that they know and the country that they have a very close connection with.”The case marked the first time an Australian court has considered whether the government has the power to deport indigenous people.But it also touched on the contentious question of how Aboriginality is defined in the law.Gibbs said she was “confident” that they would eventually be able to prove Love’s status as he was “accepted by his community as Aboriginal” and had “biological proof” that he was a descendant of the First Australians.Lawyers will now pursue compensation claims on behalf of both men, who Gibbs said had suffered “severe embarrassment” and been “subject to ridicule” as a result of being Aboriginal men held in immigration detention.center_img Love, who served time for assault, and Thoms, who had been jailed for domestic violence, have been battling in the courts to stay in Australia, arguing that they may be “non-citizens” but they are also not “aliens”.The High Court ruled in a decision that split the judges 4-3 that Aboriginal Australians “are not within the reach” of constitutional provisions relating to foreign citizens.Indigenous people have inhabited the vast continent for more than 60,000 years, while the modern nation’s constitution only came into force in 1901.Thoms — who was already recognized as a traditional landowner — was accepted by the court as Aboriginal.last_img read more

Pakistan success sees Windies World Cup hopes fade further

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first_imgLONDON, England (CMC) – Any hopes West Indies harboured of overhauling Pakistan and clinching the crucial eighth spot in the International Cricket Council (ICC) one-day rankings have all but disappeared as the Asian side have surged to sixth position following their capture of the ICC Champions Trophy here Sunday.In the latest rankings released yesterday by cricket’s world governing body, Pakistan gained four points to jump from eighth to sixth on 95 points, now ahead of seventh-placed Bangladesh on 94 and Sri Lanka, who have slipped to eighth on 93 points.Pakistan, who had lingered at eighth in the world rankings in recent times, convincingly beat powerhouse India in the final at the Oval by 180 runs to lift the title regarded as the mini World Cup.With the success, Pakistan have further enhanced their chances of automatic qualification for the 2019 World Cup in England while West Indies slipped further behind in their quest to also seal a direct spot at the tournament.Ironically, Pakistan had edged West Indies for the final spot in the Champions Trophy because of their eighth place ranking.West Indies remain in ninth spot on 77 points in the latest rankings following a disappointing 1-1 draw in the recent three-match series against ICC Associate side Afghanistan.They are now faced with the task of closing a 16-point gap on Sri Lanka by the September 30 cut-off date for automatic qualification for the World Cup. Hosts England and the remaining top seven sides in the rankings by that date will earn automatic qualification.The Windies face India in a five-match series starting Friday at Queen’s Park Oval in Trinidad and take on fourth-ranked England in another five-match series in September.If they lose these series and subsequently fail to qualify automatically, the Caribbean side will enter a 10-team qualifier scheduled for next year, to determine the final two World Cup berths.South Africa have retained top spot in the newest rankings on 119 points, two ratings points ahead of Australia with India lying one point back in third.Latest ICC One-Day International rankings:1. South Africa 1192. Australia 1173. India 116 (-1)4. England 113 (-1)5. New Zealand 1116. Pakistan 95 (+4)7. Bangladesh 94 (-1)8. Sri Lanka 939. West Indies 7710. Afghanistan 5411. Zimbabwe 4612. Ireland 41last_img read more