The majority of the High Court of Australia ruled on 11
February that the First Nations people of this continent cannot
be deported as aliens, even if they're noncitizens, in cases
where their Indigeneity can be proven.
The decision was based on the tripartite test of Indigeneity
established in the landmark
1992 High Court case Mabo [No 2], which depends on the
demonstration of biological descent, self-identification and
recognition from the authorities of an Indigenous nation.
The majority found that an Aboriginal or Torres Strait Islander
person is "not within the reach of the power to make laws with
respect to aliens", which is set out in
subsection 51(xix) of the Australian Constitution.
