A number of senior government figures are worried High Court judges are entering into “judicial activism”.

Last week’s split ruling means foreign citizens with Aboriginal heritage cannot be deported on character grounds, even if they’ve committed serious crimes.

The precedent has already seen New Zealand bikie Shane Martin, the father of AFL star Dustin Martin, try to re-enter the country after being deported in 2016.

He says he has Tasmanian Aboriginal heritage, a claim disputed by the Aboriginal Land Council of Tasmania.

It’s prompted calls for the federal government to carefully consider who’ll replace two retiring judges.

Home Affairs Minister Peter Dutton is furious about the verdict, telling Ray Hadley people will exploit it.

“It does have an impact on the decision that we make, we’ve got to look at each individual case in a different way now.

“Frankly, it undermines our ability to keep the integrity of our migration system going.

“It’s very frustrating, very annoying and I’m very angry about it.”

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