Radical High Court Divides Australia by Race, IPA – The Institute of Public Affairs
“The decision of the High Court today to exclude a specific group from the scope of the constitutional aliens power is the most radical instance of judicial activism in Australian history,” said Morgan Begg, research fellow at the Institute of Public Affairs.
Today the High Court handed down its decision in Love v Commonwealth of Australia; Thomas v Commonwealth of Australia  HCA 3. A majority of the justices decided that non-citizens who were descended from Aboriginal and Torres Strait islanders did not fall within the scope of the Commonwealth’s power to make laws with regards to “aliens”.
“The High Court has created a new class of citizenship based according to identity which offends the basic moral principle of racial equality,” said Mr Begg.
“This decision has led to the absurd position that a person can be a non-citizen but not subject to Australia’s migration laws.” Read on…