05:39

The department of home affairs is reviewing the number of Indigenous Australians in immigration detention following a high court ruling.

The high court found last month that Aboriginal Australians are not aliens for the purpose of the constitution and cannot be deported, prompting the immediate release of Brendan Thoms, whose case was considered by the court.

The department said it was currently negotiating with another 23 people to establish whether they met the test of indigeneity as set out by the high court.

The department would be unable to detain them further if they met the test, secretary Mike Pezzullo said.

“There would be an absence of power to detain people in those circumstances ... we’re working on that as quickly as possible,” he said.

