Australia's most famous Kiwi deportee still fighting for right to be with family, three years on

April 1, 2019

Despite winning his court case, Shane Martin is still not allowed to go back to Australia - he explains in his new book.

Australia's most famous deportee may have won his court case, but three years later, he is still fighting for his right to return to Australia to be with his children.

Sociologist and gang researcher Jarrod Gilbert has stepped in to help - writing a book on Shane Martin's life, deportation and gang life.

Mr Gilbert, who wrote A Rebel in Exile, described Mr Martin's battle with the legal system as "shocking". 

"What happened when the courts ruled in Shane's favour - the [former] government, or Peter Dunne, changed the law and said, 'We don't give a damn what the courts say, we'll do what we please anyway,'" he told TVNZ1's Breakfast. 

The case is fundamentally about injustice, he said.

"What's happened to Shane is utterly abominable in a western, democratic society - the way the government has treated him."

Mr Gilbert also said it was "somewhat shameful" that New Zealanders weren't being more vocal about the case.

Mr Martin was deported to New Zealand three years ago and blames it on his former links to motorcycle club Rebels, something the Australian Government called "bad character".

"That's what annoys me about gangs - it's the individual person which makes the mistake, not the club," Mr Martin said.

He joined for brotherhood, and said the other members were "like family to me".

But, despite the fact he'd "grown up and got over it", he's still not seen his children in a month.

"It's been hard but I'm adjusting now. I'm finding New Zealand quite beautiful, actually."

Mr Martin is seriously thinking about staying, he said. But, he added, "I still want to fight for my right to have my freedom with my kids and my family".

He married in Australia and had three sons, including AFL star Dustin Martin, who is one of the country's biggest sporting stars.

The deportation decision was "ridiculous", he said.

"I actually won the case. It's like winning the fight but not getting the trophy."

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