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Immigration Minister Peter Dutton concedes legal error in deporting Shane Martin


The father of AFL and Richmond superstar Dustin Martin could be one step closer to returning to 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 Mr Dutton 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.

But there is still the issue of Mr Martin's visa. 

Fairfax Media understands Tuesday's court decision does not necessarily mean Mr Martin will be reinstated with a visa to return to Australia  an outcome government lawyers would fiercely oppose.

The judge adjourned the case to December 19 to determine whether Mr Martin will get his visa back.

Mr Martin spoke to 3AW on Tuesday, saying he was not yet celebrating because he was still unsure whether he would be allowed back into Australia and he did not know why the government had dropped his case.