'Wanna be with my family' - Kiwi biker gang deportee emotional at news he could be reunited in Aussie with his AFL superstar son

December 5, 2017

Australia's government has conceded it made was wrong to deport Shane Martin. (Source: Other)

Shane Martin, the Kiwi father of AFL superstar Dustin Martin, says he just wants to be with his family following today's bombshell concession from Australia's government that it made a legal mistake in the decision to deport him to New Zealand.

Shane Martin was deported from Australia in March last year, declared to be of bad character due to his links to the Rebels motorcycle club, and he's been fighting to return to Australia since.

Today in Sydney's Federal Court, Immigration Minister Peter Dutton conceded a legal error was made and that the decision should be quashed.

Dustin Martin wasn't commenting in Melbourne today, but his father spoke with 1 NEWS in Auckland, saying he's "very, very happy".

"It's hard to talk about, you know what I mean," Shane Martin said, becoming emotional.

"I just wanna be with my family, that's all I want."

Criticising the system that saw him deported, he said: "You should be given a trial or warning. I didn't even get that until now. You know what I mean? I'm guilty before I've proven my innocence." 

He's had to watch from afar as his Aussie Rules footy star son Dustin racked up accolade after accolade, their forced separation public and painful.

"I know how much you love me, and I love you very much," Dustin said in a message to his father at a ceremony earlier.

Mr Martin's case was boosted by a High Court of Australia decision in September which ruled two other Kiwis wrongly had their visas cancelled. 

At the time a new law was rushed through the government to prevent his return to Australia, and at the time Mr Dutton was adamant. 

"He's not coming back to Australia and that's the way the law operates. By kicking out criminals we will make Australia a safer place and I think that's strongly supported by the Australian public," the minister said in September.

Shane Martin said today: "It's craziness what they're doing. And that's why I don't get why the New Zealand government isn't, you know, jumping on board this as well. They should be. It's their people. They go there to work, better themselves, get sent back here."

But the Immigration Minister's admission today doesn't mean Mr Martin automatically gets his visa back.

"Celebrate when I've got the airfare in my hand and I'm going home. That's when you'll see the celebration," Mr Martin said. 

Whether he'll get that celebration is set to be determined in court later this month.

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