Thursday, 28 May 2020

Webster v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Webster v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 702

An interesting Federal Court judgement can be found here .
 

"CONSTITUTIONAL LAW – Constitution s 51(xix) – where foreign born applicant claimed to be a non-citizen non-alien by reason of being an Aboriginal Australian within the meaning of tripartite test in Mabo v Queensland (No 2) 175 CLR 1 at 70 – where Minister had cancelled applicant’s visa and decided not to revoke cancellation under s 501(CA)(4) of the Migration Act 1958 (Cth) – sufficiency of evidence necessary to establish each limb of tripartite test – whether test’s requirement of “mutual recognition” satisfied by Australian Aboriginal recognition by elders or persons enjoying traditional authority “culturally adopting” applicant into indigenous society different from that of his biological descent." 

Well worth reading in full.

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