Dustin Martin’s biker fights his imprisonment and deportation from Australia because he is Aboriginal.
Dean Martin, the uncle of the Richmond Tigers star and former national chairman of the Rebels motorcycle gang, has filed a lawsuit to prevent him from being deported to New Zealand.
Martin, 56, had his visa personally revoked by Home Affairs Minister Clare O’Neil on character grounds on July 18 and was held in Melbourne’s immigration detention centre on July 22.
The Herald Sun reported that Martin has filed a writ of habeas corpus demanding that his case be heard by the Supreme Court.
The aim is to determine whether the Australian government acted lawfully and even has the authority to deport him.
A week after he was taken into custody, an emergency hearing was held on Tuesday.
Martin did not attend the hearing, where his lawyer Matthew Albert said a 2020 Supreme Court ruling meant that “a person who is Aboriginal is not an alien and cannot be detained under the Immigration Act”.
Mr Albert told the court: ‘The question is whether Mr Martin is a constitutional alien or not.’
Former Rebels bikini gang national president Dean Martin (pictured) has filed a lawsuit to avoid being deported to New Zealand
Martin is the uncle of Richmond Tigers superstar Dustin Martin (pictured)
He said it was up to the Commonwealth to prove his client was not Aboriginal.
Court documents show Martin claims that as a recognised member of the Manegin Aboriginal community in Tasmania he is “not within the powers” of parliament to deport him.
Martin claims he informed the Department of Home Affairs in October 2021 that he is an Aboriginal Australian.
He also claims to have provided evidence including a statutory declaration from a Manegin elder, a copy of an Aboriginal Corporation Tasmania resolution declaring him a member, and genealogical records.
Mr Albert said his client was being deprived of his liberty and the matter needed to be dealt with as quickly as possible.
He said this urgency was the reason the application was brought to the High Court rather than the Federal Court, where immigration cases are normally heard.
“This court is as well placed as any other court to deal with the constitutional debate,” Mr Albert said.
‘The proceedings at the Federal Court are currently very, very slow.’
‘This court handles these requests considerably more quickly.’
Richard Knowles KC, for the Commonwealth, disputed this and said the case should be referred to the Federal Court.
A hearing is scheduled for Friday to determine whether the case will go to the Supreme Court or be transferred.
Mr Knowles said his client had already filed an application to have the visa revoked.
Mr Knowles added that if the request is successful, “his visa will be active again” and the case will be closed.
“If it is unfavorable to him, he has the option to seek judicial review, but only in federal court or the Supreme Court,” he said.
Independent Senator Lidia Thorpe (pictured) who briefly dated Martin (pictured) in 2021 said the government made a mistake with his impending deportation
Independent Senator Lidia Thorpe, who briefly dated Martin in 2021, said the government had made a mistake with his impending deportation.
“Mr Martin has evidence, support and recognition that he is an Aboriginal person from the elders and community in Lutruwita Tasmania,” she said.
‘We have already seen the High Court rule in 2020 that the Commonwealth has no constitutional power to deport First Peoples under the Migration Act.
Senator Thorpe said First Nations people could not be classified as “aliens” and deported as this would be inconsistent with their connection to the land which is “recognised by customary law”.
“My question is, why does the government now think they can break the law and deport the original inhabitants?”
An immigration lawyer told the Herald Sun that if Martin can prove he has Aboriginal heritage he will be allowed to stay in Australia.
He added that there is case law to show that he could not be deported to New Zealand.