AJ Graham has had his Australian visa cancelled a third time despite winning a High Court challenge

UPDATED: Tasmanian bikie AJ Graham’s hopes of returning to his adopted state have been dashed after his third visa cancellation.

Rebels bikie AJ Graham has won his court appeal.

UPDATED: Tasmanian bikie AJ Graham’s hopes of returning to his adopted state have been dashed after his third visa cancellation.

The founding member of the Rebels in Tasmania won a landmark High Court case this morning which quashed an earlier decision to cancel his visa.

But shortly after the decision his visa was cancelled a third time just as Graham prepared to walk free from Villawood Detention Centre in NSW.

Immigration Minister Peter Dutton has broad powers under the Migration Act to cancel visas.

Graham’s family are a said to be “devastated” at the news.

His lawyer Anthony Malkoun said they were working through Mr Dutton’s latest decision and may launch another legal challenge.

EARLIER: LAWYERS for notorious Tasmanian bikie AJ Graham are waiting for him to be released from immigration detention on the mainland.

The High Court this morning ruled in favour of Graham who challenged the constitutional validity of his visa cancellation.

In a majority decision delivered in Melbourne, the court found Immigration Minister Peter Dutton’s decision to cancel Graham’s visa was “invalid” as were parts of the Migration Act.

Graham, a founding member of the Rebels in Tasmania, has been in detention since mid 2015 after he was swooped up in a bikie crackdown.

His solicitor Thea Milides told the Mercury they were waiting for Graham’s release from detention along with Perth Rebels bikie Mehaka Tepuia, 36, who was part of the case. Both men were born in New Zealand

In 2016 Graham’s visa cancellation was overturned by the Federal Court however just hours later his visa was cancelled a second time.

In response he headed to the High Court.

In their decision, six of the seven judges found Mr Dutton’s decision misinterpreted the Migration Act.

They said a writ quashing his decision should be issued along with a writ of prohibition preventing action on that decision.

Mr Dutton was ordered to pay court costs, which will be significant.

Graham was represented by barrister Bret Walker, SC, considered the leading constitutional lawyer in the country.

EARLIER: TASMANIAN bikie AJ Graham will finally learn his fate today when the High Court delivers its verdict in the landmark case.

Graham, a founding member of the rebels in Tasmania, is seeking to have his visa cancellation quashed.

The 49-year-old has been held in detention since June 2015 after twice having his visa cancels in an effort to see him deported to his native New Zealand

The court’s decision could have wide ranging consequences for Australia’s immigration system as Graham’s lawyers argued the laws used to cancel his visa are unconstitutional.

Immigration Minister Peter Dutton cancelled the visa on the basis it was in the ‘national interest’ to see Graham, who failed the character test, exiled from Australia.

He relied on information, which under the Migration Act does not have to be show to either Graham or the courts.

Graham’s high-powered silk Bret Walker, SC, said this was unconstitutional as it made it impossible for the court to review Mr Dutton’s decision.

But the Commonwealth argued the secrecy was necessary so agencies, both Australian and foreign, could provide sensitive information to the minister without fear it would become public.

Graham was swooped up in a Tasmanian bikie crackdown in 2015 but was not charged.

However he has a criminal record including a brutal assault of an insurance fraud investigator at Clarendon Vale in 2008.

The court will hand down its decision in Melbourne this morning.