The father of Richmond star Dustin Martin has been flown back to New Zealand following a failed attempt to enter Sydney.
Ex-bikie boss Shane Martin, accompanied by a lawyer, attempted to enter the country on Sunday night after a High Court decision ruled people of Indigenous heritage can’t be deported.
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Martin claims to have an Aboriginal grandmother from Tasmania.
But Border Force officers detained him at the airport overnight and he was put on the first Qantas flight to Auckland on Monday.
The former president of the Rebels outlaw motorcycle gang was first deported in 2016 on character grounds after being convicted of serious offences including aggravated assault and drug trafficking.
Prime Minister Scott Morrison praised the work of Border Force officials.
“The border force took swift action today and good for them for doing their job,” he said.
Government sources have described Martin’s attempt as a stunt saying if he has a claim to make, it should be made in New Zealand.
They added that at no stage has he provided evidence of any aboriginal heritage.
But Professor of Constitutional Law and University of Sydney Anne Twomey said Martin could take the case to court.
“He could take legal proceedings to try and clarify it, so it’s probably just the first step on the way to some further litigation,” she said.
Twomey added the High Court accepted three ways that someone can prove to be Indigenous Australian.
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“One is your biological descent, one is your self-identification, the third one is whether or not you’ve been accepted by an Indigenous community in Australia as being a member of it,” she said.
But Twomey said a case like Martin’s was legally unclear.
“The high court made it clear that you can’t deport an Aboriginal person, even if they’re a non-citizen, because of their connection with Australia,” she said.
“But it’s less clear about what happens if a person is already outside the country and doesn’t have an Australian passport, is not an Australian citizen, turns up at the border and says, ‘I’m Indigenous, let me in’.”
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