The High Court today found due to their Aboriginal heritage, the men were exempt to the alien powers in the constitution and so could remain in the country.
Lawyers are confident they will be able to prove Love's indigenous background in a future court hearing.
"Brendan has had 500 sleepless nights worrying he might be deported at any time, and that's now fortunately at an finish", stated Ms Gibbs.
"He is very happy to have been released and to now be reunited with his family at long last".
" The High Court delivered a significant judgment today which has implications for our migration programs", Tudge said in a statement.
According to ABC, Mr Love, who has been welcomed by the Kamilaroi people, was sentenced to 12 months behind bars for an assault charge.
Each held an Australian visa until it was cancelled in 2018, after the two men were jailed for serious crimes.
Both men had been living in Australia with permanent residence visas, but had never applied to become citizens.More news: Red Bull reveal their 2020 auto with revolutionary new nose
Daniel Love and Brendan Thoms were born overseas but one of their parents was an indigenous Australian citizen.
However, the majority couldn't agree as to whether or not Love is Aboriginal.
He was born in Papua New Guinea to an Indigenous Australian father and has lived in Australia since he was five years old.
What is the status of Aboriginal people in Australia?
Love has had his visa restored contemplating that his attorneys initiated court docket motion and resides on the Gold Coast.
Mr Thoms has been in immigration detention while awaiting the outcome of the case.
The case relates to an appeal by two men who have Aboriginal heritage but foreign citizenship, and were to be deported over their criminal record.
Lawyer Claire Gibbs speaks to reporters outside the High Court in Canberra.More news: Hyundai-Kia to use new simplified platform for future EVs
Sky News host Peta Credlin says Tuesday's High Court judgement on convicted indigenous deportation laws essentially declares "race trumps the principle that we are all equal before the law".
"To remove Aboriginal Australians from the country would be another, if not worse, case of dispossession", he said.
The government was still considering the implications, he said, and would "consider the best methods to review other cases which may be impacted".
"Brendan should never have been in detention, and we are thrilled that the federal government have now finally acted to do the right thing and release him following today's decision", she said.
"My two clients have been very embarrassed to be aboriginal men in immigration detention and have been the subject of many mockeries", Gibbs said. "So it's been a very, very tough time for them both".
A Sydney University constitutional law professor, Anne Twomey, said it was too soon to know what the possible ramifications might be, particularly as, unusually, each member of the seven-person bench gave individual reasonings, creating a wealth of jurisprudence.
In her opinion, Justice Michelle Gordon wrote that "the indigenous peoples of Australia are the first peoples of this country" who have a "spiritual or metaphysical" connection with "the land and waters" that was "not severed or extinguished by European "settlement". "I can't think of another country that has gone as far as we have towards locking up and then trying to deport people who literally have no other country that they deeply belong to", she added.
Aboriginal and Torres Strait Islander Australians make up about 3% of the inhabitants, and are among the many nation's most deprived.More news: Miley Cyrus Made Fun of Her NYFW Wardrobe Malfunction