In a 4-3 decision, the High Court held that Aboriginal Australians who are recognised by their community under traditional laws and customs, and who identify as Aboriginal, cannot be classified as 'aliens' under s 51(xix) of the Constitution, regardless of their citizenship status. The decision meant that non-citizen Aboriginal persons could not be subject to deportation under the Migration Act, recognising a unique constitutional status for Aboriginal Australians connected to their pre-sovereignty relationship with the land.