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.

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.

A young Dustin Martin with father Shane and mother Kathy Knight in 2009.

Shane Martin at the funeral for Rebels sergeant-at-arms Simon Rasic. Picture: Adam Taylor

Dustin Martin leaves Punt Rd this morning. Picture: David Crosling

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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Dustin Martin leaves Punt Rd after his father, Shane, had a win in his bid to remain in Australia. Picture: David Crosling

Shane Martin was deported on character grounds. Picture: Alex Coppel

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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Shane Martin, with stepdaughter Emma De Bernardi and wife Adriana Martin, celebrates his son’s Brownlow Medal win from New Zealand. Picture: Alex Coppel.

Shane Martin is resuming his legal fight. Picture: Alex Coppel.

Shane Martin and his wife were forced to watch Richmond’s drought-breaking premiership from Auckland. Picture: Simon Runting

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.

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