The uncle of Richmond champion Dustin Martin has avoided deportation after proving his Aboriginal heritage.
As reported by the Herald Sun on Wednesday, former Rebels bikie and CFMEU delegate Dean Martin exited Melbourne Immigration Detention Centre last week after providing evidence of his heritage.
Martin was facing deportation to New Zealand, with the evidence reportedly understood to have cancelled an impending Supreme Court hearing.
In 2020, the High Court ruled non-citizen Aboriginal people could not be considered 'alien' to Australia and are therefore exempt to deportation.
The newly-elected Labor federal government abandoned the Morrison government's attempts to overturn the ruling in 2022.
According to reports, Martin was detained after his visa was cancelled - reportedly understood to have been done on character grounds.
Martin's brother Shane, father of three-time premiership star Dustin, was deported to New Zealand in 2018 and later died in the country.
It's understood documents provided by Martin last week satisfied thresholds to scrap deportation outlining him as a recognised member of Tasmania's Manegin community.
"Last week the government received advice that those thresholds had been met in this case and Mr Martin was to be released," a spokesperson for Home Affairs minister Tony Burke told the Herald Sun.
"We've handled this in the same way the previous government handled detainees who met the same threshold."
Gunnai, Gunditjmara and Djab Wurrung Senator Lidia Thorpe has previously spoken against Martin's potential deportation.
"Mr Martin has proof, support and recognition that he is Aboriginal from Elders and community in Lutruwita Tasmania," Senator Thorpe said last month, via The Australian.
"We've already seen the High Court rule in 2020 that the Commonwealth lacks constitutional power to deport First Peoples under the migration Act.
"The 2020 ruling reflected the Mabo decision, which recognised that First Peoples connection to this country has never been severed.
"This connection is recognised by the common law, so categorising First Peoples as 'alien' is inconsistent with this."
