Dustin Martin's father Shane Martin's deportation case in Federal Court

The father of AFL superstar Dustin Martin is taking his fight against his deportation from Australia to the Federal Court.

Shane Martin's bid to overturn the decision of Immigration Minister Peter Dutton will be heard in the court in Sydney on Tuesday.

Dustin Martin and his father Shane.

Shane Martin, who had lived in Australia since he was 20, was deported to New Zealand last year because of his links to the Rebels motorcycle club, missing his son's Brownlow Medal win and grand final triump as the Tigers claimed their first flag since 1980.

In September, the federal government pushed through a new law that prevented Shane Martin from returning to Australia.

Prime Minister Malcolm Turnbull said at the time that the government was "proud" of its decision to cancel Shane Martin's visa, saying he posed a threat to Australia.

Dutton pushed through an amendment to section 503A of the Migration Act to stop Shane Martin re-entering Australia after the High Court ruled that Dutton had been wrong to kick out two men accused of being Rebels bikies, AJ Graham and Mehaka Lee Te Puia.

The High Court ruled 6-1 in the men's​ favour and ordered the government to pay their legal costs.

The men were extradited from Australia based on secret information from police and intelligence services.

Governor-General Peter Cosgrove signed off on the amendment just hours before the High Court ruling, to ensure any other decisions on visa cancellations by Dutton under section 503A of the Migration Act would stand.

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," a statement from Dutton's office said.

Shane Martin has previously said he would take his fight to return to Australia the High Court if necessary.

AAP, Fairfax Media