Shane Martin could be home for Christmas after Federal Court battle with Peter Dutton
DUSTIN Martin’s father, Shane, deserves a “fair go” in his battle to return to Australia to be with his family, his wife says.
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DUSTIN Martin’s father, Shane, deserves a “fair go” in his battle to return to Australia to be with his family, his wife says.
Shane Martin won his court case in Sydney on Tuesday when lawyers for Immigration Minister Peter Dutton conceded they had made a legal error in his deportation.
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But his office said on Tuesday night the court decision would not result in Mr Martin’s visa being reinstated.
Shane Martin was deported last year because he was a member of the Rebels motorcycle club.
He is now technically allowed to return to Australia but his lawyers have asked for a two-week delay to find out whether Mr Dutton would block a new visa application.
Adriana Martin told the Herald Sun outside court her husband deserved the right to return to Australia.
“I just want him to come back to Australia to be with his family and have a simple life,” she said. “Just give us a fair go.”
Ms Martin, who attended court with their two daughters, said she had been praying for his return.
“We just want him to come home and have some normality in our life. Why can’t we just be a family?”
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Shane Martin, who has a criminal record, was deported in March last year.
He said from his native New Zealand he was pleased with the outcome but wanted certainty.
“It’s like I have won the lotto but haven’t got the money yet,” he said.
“I’m still here (in Auckland) and it’s not where I want to be.”
Dale Watson, acting for Mr Dutton, said that the federal government would drop it’s case in court.
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Ms Watson said previous cases had shown there was a legal error in the original decision made.
James Forsaith, acting for Shane Martin, asked for a delay to find out whether the minister would revoke the visa again if he returned to Australia.
“My client has a class of visa which is a special category 444,” he said.
Mr Forsaith said he wanted to know what the “minister’s interpretation of what happens when that decision is quashed”.
Justice John Griffiths agreed to delay the hearing until December 19 so both parties could work out the visa issue.