“There are very clear criteria under the Citizenship Act about who is and who isn’t an Australian citizen, and Aboriginality is just not a factor.”
In his response, Thomas argued that he identified as Aboriginal, was accepted as Aboriginal, and was descended from Aboriginal people.
It would be nearly a year before Thomas heard from the department again. Although the department had decided to cancel his visa in June 2018, it wasn’t until Oct. 26, 2018 that a group of about eight officers came to Anna’s door looking for Thomas. They searched the house, but he had just left for work. He handed himself in to be taken into immigration detention at Yongah Hill a few days later.
One reason Thomas’ protestations that he was Aboriginal were largely ignored is that, as with the Citizenship Act and the Migration Act, the ministerial direction that tells departmental officers what to consider when deciding on visa cancellations does not mention Indigenous Australians.
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