In 1906 Australia’s high court backed ethnic cleansing. That historical wrong and error of law must be put right

‘From an Australian South Sea Islander perspective, this case … is a legal wound that remains open.’ Composite: Guardian design/AAP

In Robtelmes v Brenan 120 years ago, Australia’s newly established high court approved an act of ethnic cleansing. Between 4,000 and 6,000 Australian South Sea Islanders were to be forcibly expelled as “aliens”, despite the majority having full legal belonging as “British subjects”.

To this day, the high court still cites Robtelmes for the right to expel or detain non-citizens “for any reason”. Ominously, the commonwealth also argues that potentially half the permanent population of Australia are “aliens” and subject to this power.