High Court rules Gunggari man was legally held in immigration detention

After spending 14 months in detention, Brendan Thoms was released in 2020 when the High Court ruled that no Indigenous person could be deemed an alien.

Mr Thoms (sitting) was denied permission to sue the Commonwealth government for wrongful detention. Source: Supplied

The High Court has ruled in against an Aboriginal man seeking to sue the government for wrongful imprisonment after he spent 14 months in immigration detention.

Brendan Thoms was born in New Zealand, but came to Australia when he was two months old.

He is a Gunggari man and a recognised Native Title holder.

After a jail stint ended in 2018, Mr Thoms was held in detention pending deportation back to his birth country.

However, he was immediately released when the High Court found in a four-to-three majority that no First Nations person could be deemed an alien.

The High Court found Wednesday morning that Mr Thoms had been legally detained.

More to come.