The bikie father of AFL superstar Dustin Martin will not be allowed to return to Australia if Immigration Minister Peter Dutton gets his way.
Shane Martin was exiled to his home country of New Zealand in March under the Immigration Act on ‘character grounds’ because of his alleged links to the infamous Rebels motorcycle club.
On Tuesday morning, a lawyer acting for Dutton told the Federal Court they were dropping charges against Martin, opening the door for his potential return to Australia.
‘I had a bit of a celebration drink,’ Martin told Seven News after learning of the decision.
However, Dutton’s office defiantly released a statement following the ruling, putting the Martin family Christmas plans in jeopardy.
‘The outcome of this litigation will not result in the re-instatement of Mr Martin’s visa. Mr Martin remains offshore and he has no visa to enter Australia,’ the Immigration Department said.
Shane Martin (left), the bikie father of AFL star Dustin Martin (right), will not be allowed to return to Australia if Immigration Minister Peter Dutton gets his way
‘I had a bit of a celebration drink,’ Martin told Seven News after learning of the decision
‘The outcome of this litigation will not result in the re-instatement of Mr Martin’s visa. Mr Martin remains offshore and he has no visa to enter Australia,’ Dutton’s office said
Martin’s appeal was upheld after Immigration Minister Peter Dutton conceded a legal error was made in the decision to deport him.
Justice John Griffiths was told Mr Dutton agreed the decision should be quashed.
The father of the reigning AFL Brownlow medalist will return to court on December 19 in an effort to get his Australian visa back.
‘I couldn’t quite understand the email I got so I rang my legal team and they said ‘good news’, but we’re not quite there yet,’ Martin said.
‘I can wait till Christmas, I’d rather tomorrow but I can wait till Christmas.
‘I couldn’t quite understand the email I got so I rang my legal team and they said ‘good news’, but we’re not quite there yet,’ Martin said
Shane Martin was exiled to his home country in March under the Immigration Act on ‘character grounds’ because of his alleged links to the infamous Rebels motorcycle club
Martin was emotional when asked about being forced to watch his son’s two greatest successes, winning the Brownlow medal and AFL Grand Final, from his couch in Auckland
After learning of Dutton’s statement on his potential return, Martin said he was not surprised.
‘Oh he’s gotta do what he’s gotta do, and we’ve gotta do what we’ve gotta do.’
He was emotional when asked about being forced to watch his son’s two greatest successes, winning the Brownlow medal and AFL Grand Final, from his couch in Auckland.
‘I was very proud to see my son… sorry…sorry…’ Martin said as he broke down.
Legal experts believe a Federal Court will have to order the Immigration Minister to re-issue Martin with his Australia visa in order for him to return, something they say is unlikely.
‘The courts are very wary about order a minister to grant a visa, I don’t think we’ll be seeing him at the MCG any time soon,’ Michael Clothier, an immigration lawyer, told Seven.
‘To dad, I know it is tough for you not being here this week, but I know how much you love me and I love you very much,’ he said
Shane Martin was exiled to his native New Zealand in March under section 501 of the Immigration Act on ‘character grounds’ because of alleged links to the Rebels bikie club
Dustin emotionally thanked his father after winning the Brownlow in the days prior to the grand final, who was watching on with his wife Adriana and stepdaughters Emma, 17, and Alana, 15, in Auckland.
‘To dad, I know it is tough for you not being here this week, but I know how much you love me and I love you very much,’ he said.
His father’s battle with the Australian federal government has provided the undertone to the Tigers midfielder’s success, and Shane had been attempting to reunite with his son in Melbourne to attend the September grand final.
The Richmond star emotionally thanked his father after winning the Brownlow in the days prior to the grand final, who was watching on with his wife Adriana and stepdaughters in Auckland
Rebels bikie AJ Graham won a case with Dutton’s Immigration Department in September, which emboldened the Martins after the High Court found the minister unfairly used his powers to deport.
However, a day earlier, Dutton rushed through a law that would validate his previous rulings, meaning Shane’s deportation for alleged ‘association with outlaw motorcycle gangs’ would be upheld. The family and their lawyers have been fighting the decision since.
Shane spoke to the AFL Footy Show following Dustin signing a record seven-year extension with Richmond worth more than $8 million, touching on how difficult it was to be apart from his son.
His father’s battle with the Australian federal government has provided the undertone to the Tigers midfielder’s success, and Shane had been attempting to reunite with his son in Melbourne to attend the September grand final
‘It’s pretty emotional … To see your son developing into something special you know,’ he said through tears.
‘He is a very humble, shy kid, but the Richmond Football Club has been magnificent for him.
Should Shane be successful in Federal Court on Tuesday, he could be home in time for Christmas, barring any further action from Dutton and the government.