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Indigenous men cannot be deported as 'aliens', says High Court

Michael Pelly
Michael PellyLegal editor

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An Aboriginal man who was to be deported under "character" laws was released from detention on Tuesday when the High Court found Indigenous Australians cannot be regarded as "aliens" under the Constitution.

Brendan Thoms, 31, walked out of the Pinkenba Immigration Transit Centre in Brisbane around midday after spending 500 nights there since he was released from prison in September 2018.

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Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com

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    Original URL: https://www.afr.com/politics/indigenous-men-cannot-be-deported-as-aliens-says-high-court-20200210-p53zfe