Love and Thoms v Commonwealth

How long did the Love and Thoms v Commonwealth case last for?

• May 2019 - March 2020

• May 2019 - February 2020

• June 2019 - February 2020

• May 2019 - February 2021

Answer explanation

They argued from 8 May 2019 to 5 December 2019, and the decision was finalised on 11 February 2020.

What was the conclusion of the case?

• Aboriginal Australians could not be classified as aliens under section 50 of the Australian Constitution

• Aboriginal Australians could be classified as aliens under section 50 of the Australian Constitution

• Aboriginal Australians could be classified as aliens under section 51 of the Australian Constitution

• Aboriginal Australians could not be classified as aliens under section 51 of the Australian Constitution

Who were the people involved in the case?

(a)  

Was the decision ruled majority 4 to 3?

• Yes

• No

Why did the Commonwealth want to deport the Plaintiffs?

• The Plaintiffs were fighting against the Government.

• Both men served an imprisonment of 12 months or more.

• They wanted to be deported.

• The Commonwealth did not like them.

What was the common law at the time of the case?

• Everyone who lived in Australia were aliens.

• If Aboriginal people were citizens of Australia, they could be deported back to the country they held citizenship.

• Aliens in Australia had citizenship.

• If Aboriginal people were not citizens of Australia, they could be deported back to the country they held citizenship.

What were Aboriginal people considered as after the case?

• They were established as a third party who could not be considered as aliens in Austrlia

• They were established as a third party who were considered as aliens in Australia