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Shane Martin’s Bali Christmas cancelled after alleged Australian Government tip off

DUSTIN Martin’s father, Shane, was stopped from celebrating Christmas with his family in Bali because of alleged Australian Government interference.

Shane Martin proud of his son

DUSTIN Martin’s father, Shane, was stopped from celebrating Christmas with his family in Bali because of alleged Australian Government interference.

Indonesian customs officers at Bali’s Denpasar airport this month told Shane Martin he could not come through because Australia had requested he be refused entry.

“I was so confused, I’ve been to Bali before, even after my visa was cancelled and had no problems,” Shane said.

He said the officials told him: “I’m sorry — we’ve been told by Australian Government not to let you in.”

“It’s Australia, they kept saying and they were embarrassed and apologetic.”

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Dustin Martin with his father Shane Martin in New Zealand for Christmas. Picture: Supplied.
Dustin Martin with his father Shane Martin in New Zealand for Christmas. Picture: Supplied.

Dustin told the Sunday Herald Sun from New Zealand said he was “shattered”.

“We had Christmas in Bali planned for a while — way before the minister’s decision was overturned — and it was gonna be really special for my family to be all together,” he said.

“But dad got to Bali and was told the Australian authorities now requested he’s not allowed in.”

Dustin said he could not understand why his father was refused entry to Bali.

“I was just shattered and really confused. Why would they stop him from going to Bali now? We were there a year ago and nothing changed apart from dad winning his case,” he said.

“I’ve had a good year on the footy field with the club’s success and everything. I’m a really proud Australian and I love this country but this just isn’t a fair go.”

Shane was stopped at Bali’s Denpasar Airport on December 12, just days after Home Affairs Minister Peter Dutton conceded he made a legal error.

The error gave Shane Martin the right to reapply for a visa into Australia.

From left, Dustin Martin, stepsister Alana, 15, father Shane, stepsister Emma, 17, and stepmother Adriana in New Zealand for Christmas. Picture: Supplied.
From left, Dustin Martin, stepsister Alana, 15, father Shane, stepsister Emma, 17, and stepmother Adriana in New Zealand for Christmas. Picture: Supplied.

But under section 32 of the Migration Act, a New Zealander who is banned from entering another country, including Indonesia, can be refused an Australian visa.

Shane’s lawyers had emailed Mr Dutton’s lawyers on November 21 about their plans to travel to Bali via Sydney.

He had previously travelled to Bali via Melbourne and Sydney in October 2016, which the Australian Government was told about before he went.

The department did not respond to Shane’s latest travel itinerary until December 5, at 1.26pm — four hours after they had conceded that Mr Dutton’s lawyers had made a legal error in cancelling Shane’s visa.

Mr Dutton’s lawyers told them in that email that Shane would be not be allowed to land in Australia and advised them to fly via Singapore.

The family changed his flights, following the government advice, and when Shane arrived at Denpasar airport he was stopped by customs officers.

Shane’s passport was taken and would not be returned until he signed a form saying he had been refused entry into Bali, but he did not get a copy.

His wife Adriana had been waiting for him on the other side of the gate, was allowed in and they were spoken to in a side room.

Letter to Shane Martin’s solicitor from Australian Government solicitors telling him not to travel to Bali via Australia.
Letter to Shane Martin’s solicitor from Australian Government solicitors telling him not to travel to Bali via Australia.
A previous flight itinerary from October 2016 that shows Shane Martin travelled to Bali via Australia without incident. His Australian visa had been cancelled at the time of the trip and he had notified the Australian Government of his itinerary.
A previous flight itinerary from October 2016 that shows Shane Martin travelled to Bali via Australia without incident. His Australian visa had been cancelled at the time of the trip and he had notified the Australian Government of his itinerary.

Adriana said it was a frightening experience and she found it strange because they had tried to do the right thing by informing the immigration department of their movements.

“We really didn’t know what was going on. They just kept saying it was because of the Australians,” she said.

“We had our whole trip planned and it was going to be a really special Christmas.

“But we’ve managed to quickly move everything and we are making the best of it over in New Zealand. The main thing is that we are all together.”

The stop at Bali’s international airport comes at a critical time for Shane Martin’s case.

His lawyers have been arguing for his return to Australia.

But under section 32 of the Migration Act, he could be further banned from Australia because he was stopped from entering Indonesia.

Email from Shane Martin’s solicitor on November 21 to Australian Government solicitors telling him of his plans to travel to Bali via Australia.
Email from Shane Martin’s solicitor on November 21 to Australian Government solicitors telling him of his plans to travel to Bali via Australia.
Reply from government lawyers refusing his request — four hours after they had conceded in the Federal Court in Sydney they had made a legal error in cancelling his Australian visa.
Reply from government lawyers refusing his request — four hours after they had conceded in the Federal Court in Sydney they had made a legal error in cancelling his Australian visa.
Shane Martin’s intended flights to Bali.
Shane Martin’s intended flights to Bali.

The timing of the case has raised questions about whether there was interference with Indonesia’s authorities to provide Mr Dutton with another way to stop Shane from ever returning to Australia.

At the December 5 hearing, Shane’s lawyers had asked for an adjournment to consider the consequences of Mr Dutton’s concession.

But after the hearing, Mr Dutton said outside court that he would use his powers to keep Shane out.

Under the 444 visa category, New Zealanders are entitled to come and go from Australia as they wish.

Australians have the same rights to travel to New Zealand.

Mr Dutton has the power to refuse Shane entry to Australia because he would have to apply for a 444 visa to get back.

Shane was deported in March last year for his links to the Rebels Motorcycle club.

He had left the club before his visa was cancelled.

Shane Martin’s revised flights via Singapore, following Australian Government advice.
Shane Martin’s revised flights via Singapore, following Australian Government advice.

The deportation was based on Mr Dutton’s secret evidence powers in the Migration Act.

Mr Dutton brought in a new law that allowed him to backdate his invalid decisions after the High Court found that it was unconstitutional to kick someone out of the country based on secret evidence.

That law was rushed through a day before the High Court decision, which the government had by then expected to lose.

Mr Dutton went on a radio blitz following the case, defending his decision to crack down on Shane.

Dustin played the best football of his season this year, despite his father’s court battles and his own contract talks.

He picked up the Brownlow Medal and was Norm Smith medallist in Richmond’s drought-breaking premiership win.

Mr Dutton’s office said: “This is a matter for Indonesian authorities.”

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Original URL: https://www.heraldsun.com.au/news/shane-martins-bali-christmas-cancelled-after-alleged-australian-government-tip-off/news-story/114a41249e63e5a201710e78b4161a16