Australian History: Terra Nullius, Immigration and Policy

Terra Nullius and Indigenous Land Rights

British colonisation was established on the basis that the land occupied was terra nullius (land without owners). In legal documents, land acquisition was justified by claiming that Indigenous people were too primitive to be considered “sovereign owners.” The growth of the Australian colonies occurred at the expense of the Indigenous inhabitants, who were displaced and killed.

Eddie Mabo was an Australian activist known for his pivotal role in campaigning for Indigenous land rights and for successfully overturning the legal doctrine of terra nullius.

The White Australia Policy

Following Federation, the new government passed restrictive immigration laws:

• Immigration Restriction Act 1901 (Cth): Allowed the government to exclude unwanted immigrants by applying a dictation test in any European language of their choosing. This act was designed to maintain a “White Australia.”
• Pacific Island Labourers Act 1901 (Cth): Mandated that Pacific Islanders living in Australia would be deported after five years. This law was passed to expel the 'kanaka' labourers working in the Australian sugar industry.

“Boat People”: Hospitality vs. Xenophobia

The term ‘boat people’ entered the Australian vocabulary in the 1970s following the Vietnam War. The first boat arrived in Darwin in April 1976, and over the next five years, 2,059 Vietnamese refugees arrived. While Australians initially showed great hospitality—a sentiment also extended to Chinese refugees—public opinion shifted by the late 1990s.

The rise of the xenophobic, ultra-nationalist party One Nation influenced the government to adopt increasingly restrictive legislation against asylum seekers. Under current Australian policy, individuals arriving by boat without valid documentation are held in immigration detention on Christmas Island or the mainland while their claims are verified—a process that can take 90 days or longer.