A High Court case will commence today to decide whether two men with indigenous heritage born overseas will be deported after both served a sentence over 12 months in Australia.
One man, Brendan Thoms, has lived in Australia since he was an infant and was born to an Indigenous Australian mother, the other moved to Australia at the age of five.
Lawyers for the two men write in submissions to the High Court saying Aboriginal people cannot be alien to Australia, regardless of citizenship.