An Aboriginal man has launched legal action against Australia over what he argues is an attempt to deport him to Papua New Guinea (PNG).
Daniel Love, 39, was born in PNG but has lived in Australia since he was five. He has a PNG mother and Aboriginal Australian father.
He does not have Australian citizenship and had his visa cancelled last month after serving a jail term.
Immigration officials say they cannot comment publicly on the case.
Lawyers for Love argue that he cannot be expelled from Australia because he is an indigenous man whose father is an Australian citizen.
“Because Daniel is a member of the Aboriginal race and he is a member of the Australian community, he should not be penalised by laws regarding naturalisation and aliens,” law firm Maurice Blackburn said in a statement to the BBC.
Love, the father of five Australian children, has been in an immigration detention facility since his permanent residency visa was cancelled.
According to his legal team, Australian authorities cancelled Love’s visa because of his recent 12-month jail sentence and “substantial criminal record”.
