Dusty Martin's father, an ex-bikie boss, fails in bid to re-enter Australia

The father of AFL star Dustin Martin - former Rebels bikie boss Shane Martin - has failed in his latest bid to return to Australia despite flying back into Sydney and claiming he had Aboriginal heritage.

Shane Martin flew into Sydney International Airport from Noumea, capital of New Caledonia, with a barrister on Sunday afternoon, having been deported to New Zealand in 2016 on the grounds of bad character.

Shane Martin (centre) watching his son play in the 2019 AFL grand final. Credit: AAP

His attempt to return to Australia came six days after the High Court ruled that Aboriginal people could not be deported from Australia and are exempt from the Commonwealth's constitutional "alien powers".

Martin, who was a senior member of the Rebels bikie gang in NSW, claimed in his latest attempt that he was Indigenous. He had previously flagged he intended to pursue this avenue in a bid to return to Australia.

But Martin was not allowed to remain in Australia, although the Herald and The Age have been told the Australian Border Force's (ABF) legal team advised Martin should be allowed to stay.

Dustin Martin and his father Shane Martin (inset).

Martin was forced to spend Sunday night at Sydney Airport, before flying back to Auckland, New Zealand, on a Qantas flight on Monday morning.

An ABF spokeswoman said Martin's removal as a "non-citizen" was conducted lawfully.

"The removal followed a decision by the Federal Circuit Court to dismiss Martin’s application for an injunction seeking to prevent his removal from Australia," she said.

"Martin’s claims of indigeneity will be considered along with any evidence in support of these claims while he is offshore."

Shane Martin reacts as the Richmond Tigers win the 2019 AFL grand finalCredit: AAP

Since his deportation in 2016, Martin has launched a number of legal bids to return to Australia.

Martin's wife Adriana and three adult children, including Richmond AFL star Dustin Martin, all live in Australia. Martin moved to Australia at the age of 20 and lived in the country until the age of 49 when his visa was cancelled by then immigration minister Peter Dutton citing his criminal record and links to the Rebels gang.

At the time, then-prime minister Malcolm Turnbull said he was "proud" of his government's deportation of Martin who continues to run his Sydney trucking company remotely from New Zealand.

"People who are outlaw motorcycle gang members, who are criminals or threats to national security cannot stay in the country."

Since his deportation Martin has said he renounced his connection to the Rebels.

"They respect what I'm fighting for and vice versa. It shits me that you can't keep in contact with people who have been a big part of your life," Martin said.

"I met some really good, respectful people, I don't regret it. It sort of annoys me how people look down on bikies, or clubbies. They do have morals, respect and loyalty."

In 2017, A Current Affair reported Martin had a substantial criminal history in Australia including unlawful assault, burglary, being armed with an intent, criminal damage, resisting police and aiding and abetting in the trafficking of ecstasy.