Visa error doesn't change ban on Dusty's dad

The father of AFL superstar Dustin Martin won't be returning to Australia anytime soon despite the immigration minister admitting an error was made when his visa was cancelled in early 2016.

 

The Federal Court in Sydney on Tuesday heard Peter Dutton had agreed the decision to deport Shane Martin to New Zealand over his criminal record and bikie links should be quashed.

But that doesn't mean the father of the Richmond premiership player is about to jump on a plane back to Australia.

"The outcome of this litigation will not result in the reinstatement of Mr Martin's visa," the immigration minister told AAP in a statement on Tuesday.

"Mr Martin remains offshore and has no visa to enter Australia."

AAP understands if Mr Martin were to reapply for a visa he'd almost certainly be rejected on "character" grounds.

Dustin Martin's dad will be allowed to return to Australia. Pic: Getty

Mr Martin lived in Australia for 20 years before he was deported over his links to the Rebels motorcycle club.

He challenged that decision in the Federal Court, which on Tuesday was told of Mr Dutton's concession.

Mr Martin's barrister, James Forsaith, then stood up to make a submission before the judge quipped: "You are not going to do much better than that."

But Mr Forsaith told the court there still an issue related to the class of visa held by Mr Martin which he wished to discuss with senior counsel.

The judge adjourned the case to December 19.

"The matter remains before the courts after Mr Martin's lawyers sought an adjournment today," Mr Dutton later confirmed.

Mr Martin on Tuesday said he was hopeful he'd be able to return to Australia.

"I want to believe it, but until I'm on that plane and sitting in Australia ... I'll be jumping and partying then," he told Melbourne radio 3AW.

Mr Martin admitted he was confused and his lawyers were still in negotiations.

"I don't want to say I'm back when I'm not, you know what I mean?" he said.

Shane Martin has spoken to his Brownlow Medal-winning son about Mr Dutton's admission that an error was made.

"He's happy and that but like I said, we're not there yet, I can't get too excited."

Shane Martin's deportation meant he missed watching his son play in this year's AFL grand final when Richmond claimed their first flag since 1980.

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