Last year, in the Love/Thoms case, the High Court of Australia ruled that Indigenous Australians could not be considered ‘aliens’ eligible for deportation. Under current legislation, other non-citizens who are sentenced to prison terms of more than twelve months can be deported to the country of their birth, even if they have lived almost their whole life in Australia. The current government was not happy with the High Court’s decision and is now pushing to overturn the decision through a new case against Shayne Montgomery.
