Friends, Romans, Countrymen – Lend me your ears and hear my words. 

This week the High Court of Australia handed down its decision in Love v Commonwealth; Thoms v Commonwealth, finding by a majority of 4v3 that two men born overseas and resident in, but not citizens of, Australia could not be deported due to each of them having indigenous Australian ancestry.  

For the sake of clarity, a child born overseas to at least one Australian parent is eligible for Australian citizenship but doesn’t not become an Australian citizen as of right at birth.