Indigeneity and Membership in Australia After Love

Pillai, S; Hobbs, H

Indigeneity and Membership in Australia After Love

Pillai, S Hobbs, H

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Publisher:: Springer Nature
Publication Type:: Chapter
Citation:: Politics of Citizenship and Migration, 2023, Part F1441, pp. 157-177
Issue Date:: 2023-01-01

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Field	Value	Language
dc.contributor.author	Pillai, S
dc.contributor.author	Hobbs, H https://orcid.org/0000-0001-9903-6908
dc.date.accessioned	2023-10-17T03:16:26Z
dc.date.available	2023-10-17T03:16:26Z
dc.date.issued	2023-01-01
dc.identifier.citation	Politics of Citizenship and Migration, 2023, Part F1441, pp. 157-177
dc.identifier.uri	http://hdl.handle.net/10453/172724
dc.description.abstract	The place and status of First Nations peoples within Australia has long been contested. In the 2020 decision of Love v Commonwealth, the High Court of Australia declared that Aboriginal and Torres Strait Islander peoples who satisfied the tripartite definition from Mabo v Queensland (No 2) were not aliens, even if they were not Australian citizens. The decision recognised the unique connection First Nations peoples have with the lands and waters of Australia, but it left many unopen questions. The immediate political reaction also suggested many non-Indigenous Australians remain uncomfortable with accepting the unique position First Nations peoples hold in this country. This chapter teases out the legal and political challenges to Indigeneity and membership raised by Love.
dc.language	en
dc.publisher	Springer Nature
dc.relation.ispartof	Politics of Citizenship and Migration
dc.relation.ispartofseries	Politics of Citizenship and Migration
dc.relation.isbasedon	10.1007/978-3-031-34358-2_8
dc.rights	info:eu-repo/semantics/openAccess
dc.title	Indigeneity and Membership in Australia After Love
dc.type	Chapter
utslib.citation.volume	Part F1441
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
dc.date.updated	2023-10-17T03:16:25Z
pubs.publication-status	Published
pubs.volume	Part F1441

Abstract:

The place and status of First Nations peoples within Australia has long been contested. In the 2020 decision of Love v Commonwealth, the High Court of Australia declared that Aboriginal and Torres Strait Islander peoples who satisfied the tripartite definition from Mabo v Queensland (No 2) were not aliens, even if they were not Australian citizens. The decision recognised the unique connection First Nations peoples have with the lands and waters of Australia, but it left many unopen questions. The immediate political reaction also suggested many non-Indigenous Australians remain uncomfortable with accepting the unique position First Nations peoples hold in this country. This chapter teases out the legal and political challenges to Indigeneity and membership raised by Love.

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http://hdl.handle.net/10453/172724