Lawyers have accused the Federal Government of locking up an Aboriginal man in immigration detention and preparing to deport him to Papua New Guinea.

Daniel Love is a 39-year old father-of-five who has Aboriginal parents from Papua New Guinea, and has lived in Australia since he was five.

The Government wants to deport him to PNG but his family says he should not be treated like a foreign citizen.

Lawyers will take his case to the High Court, arguing it is a constitutional issue.