Dustin Martin’s biker uncle proves he is Aboriginal and therefore cannot be deported from Australia
- Dustin Martin’s biker uncle won’t be deported from Australia
- He was about to be deported to New Zealand
- But he has proven that he is Aboriginal and therefore cannot be deported.
Dustin Martin’s motorcycle uncle will no longer face deportation after providing crucial evidence about his heritage.
According to the Herald Sun, 56-year-old Dean William Martin, the brother of AFL champion Dusty’s father Shane, was released from the Melbourne immigration detention centre last week after being put at risk of being deported back to New Zealand.
Mr Martin was preparing to appeal his deportation against the Albanian government during a two-day hearing at the Supreme Court this week.
However, the hearing was reportedly cancelled after he provided additional evidence to the court last week indicating he is of Aboriginal descent.
The government therefore has no choice but to abandon its decision to deport him on the grounds of his character. Aboriginals who are not citizens cannot be deported as aliens under the constitution.
“Last week the government was informed that the thresholds had been met in this case and that Mr Martin should be released,” a spokesman for the Ministry of the Interior said.
‘We have dealt with this in the same way that the previous government dealt with prisoners who met the same threshold.
Minister Tony Burke tabled a motion on 18 July to revoke Mr Martin’s special visa, which allows New Zealand citizens to visit, reside, work and study in Australia.
Dustin Martin’s motoring uncle Dean Martin will not be deported from Australia
Martin, who previously dated Lidia Thorpe, has proven he is Aboriginal in court
Mr Martin, former national chairman of the criminal motorcycle gang Rebels, was informed of the decision and arrested four days later.
Outspoken Victorian Senator Lidia Thorpe, who was previously in a relationship with Mr Martin, called the decision a “mistake”.
“How can an Aboriginal man be deported from his own country,” she said.
Court documents show Mr Martin is a recognised member of the Manegin Aboriginal community in Tasmania.
He has now been granted a special visa and is allowed to stay in Australia.
In 2018, Dustin’s father Shane was deported to New Zealand, but he considered taking the case to the High Court because of his Aboriginal heritage.
Three years later he died in Auckland.
