Dustin Martin’s dad shut out of Australia by new lawStephen Drill, David Hurley and Anthony Dowsley,
Herald Sun
September 6, 2017 7:50pmA NEW law has been created that will keep Tigers star Dustin Martin’s father out of Australia.
Immigration Minister Peter Dutton rushed through an amendment to the Migration Act to stop Shane Martin, and up to 20 others whose visas have been cancelled, from re-entering the country.
They had been kicked out based on secret information from police and intelligence services.
The High Court found on Wednesday Mr Dutton had been wrong to kick out two men accused of being Rebels bikies, AJ Graham and Mehaka Lee Te Puia.
Martin’s family had believed the decision would allow Shane Martin to return to Australia as early as next week.
Mr Dutton’s office said: “Shane Martin’s visa was cancelled for the safety of the Australian community because of his criminal record and association with outlaw motorcycle gangs.”
“He (Shane Martin) should have thought about the consequences of his actions on his family and the victims of crimes at the time of his offending. This amendment ensures that people who are outlaw motorcycle gang members, organised criminals and threats to national security cannot stay in Australia.”
Shane Martin has previously denied being involved in criminal activity.
He had been hoping to get back to Australia to watch his son attend this month’s Brownlow Medal, for which Dustin is red hot favourite.
But Dustin Martin’s uncle, Dean Martin, vowed to fight on: “We would understand if my brother was a bad person, but he’s a lovely person.”
“It’s pretty hard when you see my nephew (Bronson) and my kids crying for their dad and their uncle.
“My kids saw him on The Footy Show and they texted him and they said, ‘We love you, Uncle Shane, we’re going to bring you home’.”
He said that Shane’s absence had been tough on the family.
“It’s very hard on my nephews. We’ve got my nephew Dustin, but everyone forgets my other young nephew Bronson served in Afghanistan for this country,” he said.
“I’d understand if my brother was such a bad criminal. I just can’t believe this has happened to our family.”
Mr Martin said his children felt their uncle’s situation compared to the stolen generation’s: “My kids are Aboriginal. Their grandmother’s brothers were taken away.”
The laws, passed on Monday in anticipation of the High Court decision, mean any other decisions on visa cancellations by Mr Dutton under Section 503A of the Migration Act will stand.
It was signed off by the Governor-general Peter Cosgrove on Tuesday, less than 24 hours before the High Court ruling.
Graham and Te Puia had challenged the decision on their visas because it was based on secret information provided to the Minister that was not disclosed to them.
The High Court ruled 6-1 in their favour and ordered the government pay their legal costs.
The decision had the potential to open the floodgates to challenges from up to 20 people who had been deported using secret information since migration rules were tightened in 2014.
Some had been deported based on advice from the Australian Federal Police, the Australian Criminal Intelligence Agency and the Australian Security Intelligence Organisation, provided to the minister on the basis it not be passed on to anyone in court proceedings.
Graham, whose visa was revoked on character grounds, was packed and ready to leave Sydney’s Villawood detention centre to fly to meet his partner, Kylie, and daughter, when the government acted.
Graham’s lawyer, Anthony Malkoun, said he had not known of such a decision effectively overruling the High Court.
“He will not be released,’’ he said.
“He was waiting to be collected to go to the airport from Villawood and about the time we have received information he has been re-cancelled.
“He will be remaining in there until we can work out what we can do.’’
Shane Martin made an emotional appearance on The Footy Show last week following Dustin’s $8m signing at Richmond for the next seven years.
“Love you son and I’m very proud, from my heart,” he said.
“To be just taken away for no reason and breaking up the family. I think it’s pretty stupid.”
Dustin Martin has spoken of the impact of his dad’s absence on his footy.
He once told Channel 9: “He’s not what he might look like.
“To have that taken away — you see all the other guys with their parents in the rooms after games — I don’t even have my Dad there. It’s pretty sad.
“If he was a criminal, I’d cop it. But they have just taken him away for association,” Dustin said.
“It’s fair enough if he’s done something … to be just taken away for no reason and breaking up the family. I think it’s pretty stupid.”
http://www.heraldsun.com.au/news/law-order/dustin-martins-dad-shut-out-of-australia-by-new-law/news-story/4c88d04c1365a706ab99d74c6b631ad6
