Former Queanbeyan Blues forward Elijah Ngata remains behind bars

Home Affairs Minister Peter Dutton had already made moves to turf a former rugby league player turned pro boxer from the country after a ‘disturbing’ king hit on a Good Samaritan outside a Canberra nightclub.

Elijah Ngata is facing deportation after punching two men at a nightclub, one of whom nearly died Picture: Facebook

• Compensation bid over ‘ruined’ holiday fails
• Prostitute bikie’s girlfriend choked in carjacking: court

Professional boxer turned drunken street brawler Elijah Ngata will remain behind bars until at least March, when an appeal court will decide whether to leave the door ajar to him staying in Australia.

Ngata, 29, also known as Ilaisa-Taka-I-Monu Ngata, fronted the ACT Court of Appeal on Wednesday where it emerged Home Affairs Minister Peter Dutton had already made moves to turf him from the country.

Ngata’s barrister, John Purnell SC, withdrew a planned bail application, which, if successful, would have seen his client trucked to Villawood detention awaiting his appeal hearing.

Ngata’s partner and youngest child, now aged two months and whom he faces being separated from, supported him from the public gallery of the court.

Elijah Ngata has been described as a “calming influence” on his children. Picture: Facebook

Ngata, a superheavyweight boxer and star forward with the Queanbeyan Blues rugby league club, was jailed in January after pleading guilty to assault and recklessly inflicting grievous bodily harm.

Ngata’s legal team argues he should have been sentenced to less than a year behind bars – rather than 19 months – for his “disturbing” king hit on a good Samaritan on the footpath in front of Canberra nightclub Monkey Bar.

Any sentence of more than a year triggers an automatic cancellation of a criminal’s visa, and Ngata is currently expected to be deported when he is released in late March, with his sentence suspended after three months served.

Ngata’s attack came after he picked a fight with his first victim, who he assaulted inside the nightclub.

Ilaisa-taka-i-m Ngata, also known as Elijah Ngata, attacked two men at a Canberra nightclub. Picture: Facebook

The second victim, who was the most seriously injured, was trying to de-escalate the fight and suffered life-threatening injuries.

“Although there was only one blow, it was a fierce one directed to the victim’s head,” Justice David Mossop said in sentencing Ngata in January.

“(Ngata’s second victim) was an innocent person who had done nothing to provoke the offender and was acting appropriately…”

Ngata has spent nearly most of his adult life in Australia, has four children to two partners, the youngest of whom is a month old, and worked as a bouncer until he was jailed.

He was planning to work as a personal trainer and was still training as a boxer and kickboxer until he was jailed.

Chief Justice Helen Murrell on Wednesday set down a hearing date for Ngata’s appeal in mid-March.

A panel of three Supreme Court Judges are expected to decide his appeal either on that day or shortly afterwards.

Even if Ngata’s appeal is successful, Mr Dutton still has the power to deport him if he chooses to do so.