Australia

Dutton concedes legal error in decision to deport father of AFL star Dustin Martin

File image of Peter Dutton and Dustin Martin of the Richmond Tigers
File image of Peter Dutton and Dustin Martin of the Richmond Tigers Source: AAP

Immigration Minister Peter Dutton has conceded there was a legal error in the decision to deport father of AFL superstar Dustin Martin, a judge has been told.

The father of AFL superstar Dustin Martin is expected to be allowed back into Australia after Immigration Minister Peter Dutton conceded a legal error was made in the decision to deport him.

The case of Shane Martin, who was deported to New Zealand last year because of his links to the Rebels motorcycle club, was mentioned in the Federal Court in Sydney on Tuesday.

Justice John Griffiths was told the minister had agreed the decision should be quashed.

"You are not going to do much better than that," he quipped to Mr Martin's barrister James Forsaith when he stood up to make a submission.

Mr Forsaith said there still was one issue related to the class of visa held by Mr Martin and he wished to discuss the legal consequences with senior counsel.

The judge adjourned the case to December 19.

The deportation of Mr Martin, who had lived in Australia since he was 20, meant he missed his Richmond player son's AFL grand final match win this year when the Tigers claimed their first flag since 1980.

In October, Mr Dutton said he based the decision to deport Mr Martin on information that is not publicly available.

"I have information that is provided by the intelligence agencies and by law I am prohibited from giving you the detail," the minister said.

"I've made a decision which I am not going to change. I made a decision based on all the facts and I believe it is the right decision."