Love v Commonwealth; Thoms v Commonwealth
(2020) 270 CLR 152 · [2020] HCA 3
High Court of Australia · 2020
Headnote
Held by majority that an Aboriginal Australian, identified by the tripartite Mabo test, is not within the reach of the 'aliens' power in s 51(xix) of the Constitution.
Bench
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Facts
Two men born overseas with Aboriginal heritage and community recognition faced deportation after criminal convictions, having never taken Australian citizenship.
Held
A 4:3 majority held that Aboriginal Australians are not aliens; Mr Thoms, whose Aboriginality was established, could not be deported.
Key passage
“Aboriginal Australians, understood according to the tripartite test in Mabo (No 2), are not within the reach of the power to make laws with respect to aliens.”
270 CLR 152, 190
Citation formats
AGLC full
Love v Commonwealth (2020) 270 CLR 152, 190.
AGLC short
Love (2020) 270 CLR 152, 190.
Medium neutral
Love v Commonwealth [2020] HCA 3.
Authorities considered
- Mabo v Queensland (No 2)
(1992) 175 CLR 1