“I am still going through depression. Voices White Australia has a black history - and Indigenous Australians like me had our country invaded not 'discovered' Former Australian PM Tony Abbott wrote this … Just 30% of the general Australian community socialise with Indigenous people.Indigenous Australians are descended from the people who lived in Australia and the surrounding islands prior to European colonisation. Both men are registered native title holders.Their lawyer, George Newhouse of the National Justice Project, said the government had “failed these men throughout their period of detention and after their release”.Those remaining in detention whose cases are still under review could be being held unlawfully, Newhouse said.“If the men have been protesting about their detention on the basis that they were Aboriginal or Torres Strait Islander people, then the government had a duty to properly examine their claims and help them to navigate the complexity of the laws,” Newhouse said.“The condition that they now find themselves is a direct result of the government’s negligence.”Newhouse said it was likely that compensation would flow to anyone who is held in detention after the high court case but compensation for cases from before that time “will depend very much on the individual circumstances”.Sydney University professor of public law Dr Mary Crock said the Citizenship Act should be amended “to make it clear that these people are entitled to all the rights of Australian citizens”.“In the light of the high court ruling we need to consider these people as first-class citizens rather than second-class citizens, as ‘the belongers’,” Crock said.“If these people are traditional owners and are obviously Indigenous, then they should be seeking damages as they are absolutely entitled to compensation.”An ABF spokesperson said a non-citizen non-alien can apply for and be granted a visa or citizenship, if they meet the relevant statutory criteria.But a citizenship law expert from the University of Canberra, Dr Kim Rubenstein, said that whether there was an ability for them to be granted a visa was murky.“The regulation of this new class of non-citizen, non-alien is unclear and places these individuals in tricky situation,” Rubenstein said.“The Migration Act regulates non-citizens, which these people currently are – but whether the government can give them visas, given visas are generally bestowed on aliens, [is] not straightforward,” Rubenstein said.Akee Charlie’s cousin, Daniel Charlie, was also deported to PNG, where he was homeless and stateless for two years.“I can’t get those years back now,” Charlie said. Remember, Indigenous people are diverse - being Indigenous means different things to different people. No one knew where I was, until I got a mobile phone after three months.“People told me to get a lawyer but I’m not rich, I don’t have any money.Charlie was in the Christmas Island detention centre during the 2015 riots.“There were fires and it burnt out the compound,” he said.
I only found out on the plane.“I was given no access to legal advice. With such a long history, it’s not surprising that so many influential, inspiring and incredible Australians have Indigenous roots. “As the courts are starting to bring things to light, they will have to give me back my citizenship. He was only 21 and I still pray for him.”Charlie was born on the Papua New Guinea island of Daru in 1970, when it was still an Australian territory, and moved with his family as a young boy to the Torres Strait island of Erub.After PNG’s independence and changes to Australian legislation in 1975, thousands of PNG-born Australians had their citizenship revoked and were placed on permanent stay visas, often without their knowledge.“I worked here, did school here, voted and paid tax,” Charlie said. Why are many Indigenous Australians experiencing disadvantage and injustice?The disparity between Indigenous and non-Indigenous Australians. For example, often Indigenous Australians are expected to have dark skin, live in remote areas and be outstanding athletes.

I didn’t know what was happening, I had to work it out for myself. I have no identification to prove who I am.”Charlie, who is the grandson of George Mye, the prominent Torres Strait Islander who fought for the region’s autonomy, was given just $100 and a plane ticket back to Cairns, no temporary accommodation, and no Medicare card or case worker to help him adjust back into the community.“I saw one of my uncles the other day and he came up to me and shook my hand and said to me, what the government did, they were wrong to keep you boys in there, you are Torres Strait Islanders,” Charlie said.A week before Charlie’s release last month, his younger brother died, and he also lost a son to suicide two years ago while in detention.“When I lost my son, I wasn’t there for him,” he said.
It’s worse than a prison – there’s no end date and they play mind games with you.”Daniel Gibuma spent more than two years in detention while his brother in law, Jerry Dau, was deported to PNG in 2018, where he continues to live after six years in detention. Indigenous Australians locked in immigration detention believed to be entitled to payout due to 'negligence' First Nations Australians were deported to …


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