His sister said: “Some would argue, do you need a piece of paper to have the right to remain here after your lineage has been here for generations?
“Is it fair for him to be treated like an alien?”
An Aboriginal man who was in immigration detention awaiting deportation to Papua New Guinea has been released by the Federal Government.
Daniel Love, who was born in Papua New Guinea to a PNG mother and Aboriginal father, was taken to Brisbane Immigration Transit Accommodation Centre last month after being released from prison.
The 39-year-old served 12 months for assault occasioning bodily harm and has an extensive criminal history.
The release from immigration detention comes after the ABC last week revealed Mr Love had been detained, and that his lawyers were taking his case to the High Court.
Maurice Blackburn principal lawyer Rod Hodgson, who acted for Mr Love, said he and his family were relieved.
“This is the right decision and one that is welcomed by Daniel and his family,” Mr Hodgson said.
“As we have maintained throughout this case, Daniel should never have been placed into immigration detention — he is an Aboriginal Australian with a proud family history and it is a great relief that the department have now also taken the sensible step of releasing him from detention.
“We welcome this move, and continue to urge for clarity in these cases — it is essential that people who are clearly part of the Australian community are protected from application of the legal powers available to the department, in appropriate cases, to remove people from Australia.”
A delegate for Minister for Home Affairs Peter Dutton originally cancelled Mr Love’s permanent residency visa under the character test section of the Migration Act 1958.
His lawyers said the Department for Home Affairs released Mr Love on Thursday, and wrote to them saying the decision had been revoked and he again had a permanent residency visa.
Love had lived in Australia from age five
Mr Love was five years old when he settled in Australia with his family, but never obtained citizenship.
He and his family have declined to comment on his release.
However, Mr Love’s sister Violet Love told the ABC last week he was very proud of his Aboriginal heritage.
“[He] probably has more of a sense of his identity being Indigenous, being a Murri man, than he has of his PNG heritage,” she said.
“Some would argue, do you need a piece of paper to have the right to remain here after your lineage has been here for generations?
“Is it fair for him to be treated like an alien?”
Lawyers for Mr Love had launched proceedings against the Commonwealth in the High Court.
They argued “as a member of the Aboriginal race of Australia and the child of an Australian citizen … [he] is not an alien”, and therefore it would be unlawful to deport him.
The Department of Home Affairs has been contacted for comment.
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