Immigration Minister Peter Dutton has conceded there was a legal error in the decision to deport father of AFL superstar Dustin Martin, a judge has been told. Photo: AAPThe father of AFL superstar Dustin Martin is hopeful but by no means certain he’ll be able to return to Australia after Immigration Minister Peter Dutton conceded a legal error was made when deporting him.

” I want to believe it but until I’m on that plane and sitting in Australia … I’ll be jumping, partying then,” Shane Martin told Melbourne radio 3AW.

In the Federal Court in Sydney on Tuesday, Justice John Griffiths was told the minister had agreed the deportation decision should be quashed.

Mr Martin, who had lived in Australia for 20 years, was challenging the decision which led to his deportation to New Zealand last year because of his links to the Rebels motorcycle club.

After the court was told of the minister’s concession, Mr Martin’s barrister, James Forsaith, stood up to make a submission.

“You are not going to do much better than that,” the judge quipped.

Mr Forsaith said there still was one issue related to the class of visa held by Mr Martin, and he wished to discuss the legal consequences with senior counsel.

The judge adjourned the case to December 19.

Mr Martin later told 3AW he was confused and his lawyers were still in negotiations.

“I don’t want to say I’m back when I’m not, you know what I mean?” he said.

Shane Martin has spoken to his Brownlow Medal-winning son about the concession.

“He’s happy and that but like I said, we’re not there yet. I can’t get too excited.”

His deportation meant he missed Dustin play in the 2017 AFL grand final when Richmond claimed their first flag since 1980.

Mr Dutton has been contacted for comment.

The minister in October said he based the decision to deport Mr Martin on information that wasn’t publicly available.

“I have information that is provided by the intelligence agencies, and by law I am prohibited from giving you the detail,” Mr Dutton said.

“I’ve made a decision which I am not going to change. I made a decision based on all the facts and I believe it is the right decision.”