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Dustin Martin’s dad shut-out of Australia by new law

LATEST: PRIME Minister Malcolm Turnbull says he is proud of his government’s decision to ban Dustin Martin’s dad, Shane, from returning to Australia.

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PRIME Minister Malcolm Turnbull is proud of his government’s decision to ban Shane Martin from entering Australia.

Speaking on radio this morning, Mr Turnbull said there were valid reasons behind the swift law change.

“We make no apologies, we are proud of it, we amended the Migration Act to ensure people who are outlaw motorcycle gang members, criminals or threats to national security cannot stay in Australia,” he told 3AW.

Immigration Minister Peter Dutton, also speaking on Melbourne radio, said the new laws considered victims of crime.

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A new law has been created to keep Shane Martin out of Australia. Picture: Adam Taylor
A new law has been created to keep Shane Martin out of Australia. Picture: Adam Taylor

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“I think people involved in the outlaw motorcycle gangs understand that there is a consequence to pay for their actions. If they are going to harm Australians, I don’t understand how they expect to stay here on their visas,” he told Triple M.

“Families have had their lives destroyed, kids have taken overdoses, their father or mother will never see that child again.”

Mr Dutton said he felt for the Martin family.

“But I have got to take into consideration not only those people who have been victims of crimes that have been committed by outlaw motorcycle gang members and those associated with them, but also the future impact,” he said.

Richmond coach Damien Hardwick also weighed in on the issue today, saying he did not expect star midfielder Dustin Martin to be unsettled for Friday night’s qualifying final clash.

Martin is the odds-on favourite to win the Brownlow Medal and is expected to play a key role for the Tigers against the Cats at the MCG.

Dustin Martin training at Punt Rd Oval. Picture: Michael Klein
Dustin Martin training at Punt Rd Oval. Picture: Michael Klein

“He’s a resilient lad,” Hardwick said on Thursday.

“He’s disappointed obviously from a human element, I think we all are, we’d all love our father to see us playing in a final.

“But Dusty has dealt with this for a long period of time, so he understands. “He’ll put his best foot forward and play some good footy for us on Friday night.

”... with the contract status he’s gone through all year and we’ve seen how he’s handled that, once he crosses that white line he understands what’s there to be done.

“We’re looking forward to a big performance from him.”

Dutton, Turnbull and Hardwick’s comments come after the Herald Sun revealed a new law has been created that will keep Tigers star Dustin Martin’s father out of Australia.

Immigration Minister Peter Dutton rushed through an amendment to the Migration Act to stop Shane Martin, and up to 20 others whose visas have been cancelled, from re-entering the country.

They had been kicked out based on secret information from police and intelligence services.

The High Court found on Wednesday Mr Dutton had been wrong to kick out two men accused of being Rebels bikies, AJ Graham and Mehaka Lee Te Puia.

Dustin Martin speaking on <i>The Footy Show </i>about his decision to stay with the Tigers. Picture: Channel 9
Dustin Martin speaking on The Footy Show about his decision to stay with the Tigers. Picture: Channel 9

Martin’s family had believed the decision would allow Shane Martin to return to Australia as early as next week.

Mr Dutton’s office said: “Shane Martin’s visa was cancelled for the safety of the Australian community because of his criminal record and association with outlaw motorcycle gangs.”

“He (Shane Martin) should have thought about the consequences of his actions on his family and the victims of crimes at the time of his offending. This amendment ensures that people who are outlaw motorcycle gang members, organised criminals and threats to national security cannot stay in Australia.”

Shane Martin has previously denied being involved in criminal activity.

Dean Martin, uncle of Tigers star Dustin, outside court. Picture: David Crosling
Dean Martin, uncle of Tigers star Dustin, outside court. Picture: David Crosling

He had been hoping to get back to Australia to watch his son attend this month’s Brownlow Medal, for which Dustin is red hot favourite.

But Dustin Martin’s uncle, Dean Martin, vowed to fight on: “We would understand if my brother was a bad person, but he’s a lovely person.”

“It’s pretty hard when you see my nephew (Bronson) and my kids crying for their dad and their uncle.

“My kids saw him on The Footy Show and they texted him and they said, ‘We love you, Uncle Shane, we’re going to bring you home’.”

He said that Shane’s absence had been tough on the family.

“It’s very hard on my nephews. We’ve got my nephew Dustin, but everyone forgets my other young nephew Bronson served in Afghanistan for this country,” he said.

“I’d understand if my brother was such a bad criminal. I just can’t believe this has happened to our family.”

Mr Martin said his children felt their uncle’s situation compared to the stolen generation’s: “My kids are Aboriginal. Their grandmother’s brothers were taken away.”

The laws, passed on Monday in anticipation of the High Court decision, mean any other decisions on visa cancellations by Mr Dutton under Section 503A of the Migration Act will stand.

It was signed off by the Governor-general Peter Cosgrove on Tuesday, less than 24 hours before the High Court ruling.

Graham and Te Puia had challenged the decision on their visas because it was based on secret information provided to the Minister that was not disclosed to them.

Rebel AJ Graham, from Tasmania, who appealed his visa cancellation.
Rebel AJ Graham, from Tasmania, who appealed his visa cancellation.

The High Court ruled 6-1 in their favour and ordered the government pay their legal costs.

The decision had the potential to open the floodgates to challenges from up to 20 people who had been deported using secret information since migration rules were tightened in 2014.

Some had been deported based on advice from the Australian Federal Police, the Australian Criminal Intelligence Agency and the Australian Security Intelligence Organisation, provided to the minister on the basis it not be passed on to anyone in court proceedings.

Dustin Martin's father Shane Martin appearing on <i>The Footy Show</i> live from Auckland. Picture: Channel 9
Dustin Martin's father Shane Martin appearing on The Footy Show live from Auckland. Picture: Channel 9

Graham, whose visa was revoked on character grounds, was packed and ready to leave Sydney’s Villawood detention centre to fly to meet his partner, Kylie, and daughter, when the government acted.

Graham’s lawyer, Anthony Malkoun, said he had not known of such a decision effectively overruling the High Court.

“He will not be released,’’ he said.

“He was waiting to be collected to go to the airport from Villawood and about the time we have received information he has been re-cancelled.

“He will be remaining in there until we can work out what we can do.’’

Shane Martin made an emotional appearance on The Footy Show last week following Dustin’s $8m signing at Richmond for the next seven years.

“Love you son and I’m very proud, from my heart,” he said.

“To be just taken away for no reason and breaking up the family. I think it’s pretty stupid.”

Dustin Martin has spoken of the impact of his dad’s absence on his footy.

He once told Channel 9: “He’s not what he might look like.

“To have that taken away — you see all the other guys with their parents in the rooms after games — I don’t even have my Dad there. It’s pretty sad.

“If he was a criminal, I’d cop it. But they have just taken him away for association,” Dustin said.

“It’s fair enough if he’s done something … to be just taken away for no reason and breaking up the family. I think it’s pretty stupid.”

Dustin Martin slams government over father's exile

stephen.drill@news.com.au

Original URL: https://www.heraldsun.com.au/news/law-order/dustin-martins-dad-shut-out-of-australia-by-new-law/news-story/4c88d04c1365a706ab99d74c6b631ad6