Qld man freed from immigration detention

A Queensland father facing deportation to Papua New Guinea has been released from immigration detention.

Daniel Love had been held in the Brisbane Immigration Transit Accommodation Centre since August 10 after the PNG-born man had his residency visa cancelled under the character test section of the Migration Act.

On Thursday, the Department of Home Affairs advised his lawyers they had reversed a decision to revoke his visa and released Love.

Maurice Blackburn Lawyers principal Rod Hodgson said the decision to release Love made sense given his client's indigenous background and the fact he has lived in Australia since he was five-years-old.

"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," Mr Hodgson said in a statement.

Mr Hodgson had filed documents with the High Court arguing Love's detention and potential deportation was illegal and unconstitutional.

"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," Mr Hodgson said.