A New Zealand soldier who is being kept in a high-security Australian prison reportedly worked as a bodyguard to Prime Minister John Key in Afghanistan.

Former Lance Corporal Ngati Kanohi Te Eke Haapu, better known as Ko Rutene, who has received a number of service medals, has been detained because his visa was revoked on the grounds that he is a member of a motorcycle club.

New laws were introduced in December to crack down on foreign-born criminals. Australian immigration minister Peter Dutton had the power to deport anyone with a 12-month sentence who didn't have Australian citizenship, no matter how long they had lived in the country.

SUPPLIED Ko Rutene was part of a team whose job was to rescue infantry units under attack in Afghanistan.

Rutene, 34, was taken into custody over a week ago and is currently being held at the Casuarina maximum-security prison in Perth.

His lawyer Michael Pena-Rees said the Kiwi had no criminal record in Australia or New Zealand and he was otherwise of "exceptional good character".

The solicitor said Rutene served in the New Zealand Army from 2008 to 2012.

SUPPLIED Rutene received three medals for his services to New Zealand.

He was awarded three service medals: the service medal for Operational Service in Afghanistan, a medal recognising his tour of duty in Afghanistan, and the ISAF medal, a joint service award for his service in New Zealand and abroad.

Rutene's partner, Teresa Mariner, told 3News he even worked as one of Key's bodyguards on a tour of Afghanistan.

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His lawyer revealed that in 2010 Rutene served in Afghanistan as a member of a "Quick Reaction Force" whose job was to rescue units who were under attack from insurgents.

Rutene was a gunner.

He responded to four separate incidents during his deployment, including a serious attack where a Kiwi soldier died and two were seriously injured.

Rutene was tasked with protecting the unit and evacuating the injured.

"Ko was deeply affected by this attack as he personally knew Lieutenant Timothy [O'Donnell] and was tasked to convey the fallen comrade's body from the attack area," said Pena-Rees.

He said Rutene moved to Australia in 2012. He had a partner and regarded himself as a father figure to her son.

The basis to revoke his visa was based on his affiliation with the Rebels motorcycle gang.

"The Rebels OMC is not a criminal organisation in Western Australia," said Pena Rees, who said police came at Rutene with Tasers before he was "forcibly detained" and spent four days in solitary confinement.

"To be a risk to national security because of his connection to an outlaw motorcycle club is an abhorrent and ill-conceived decision in light of the fact that Ko is a decorated ex-soldier, who, as part of the ANZAC spirit, served overseas for the same reasons as Australia and its soldiers.

"It is extraordinary that the minister (Dutton) did not have the background information for Ko when applying his discretionary decision.

"It should be commended to any person in authority that Ko be released immediately back into the community pending his judicial review of the minister's decision."

'THIS IS NOT JUST ABOUT RAPISTS'

Maori Party MP Marama Fox had brought up Rutene's situation to Prime Minister John Key during question time on Tuesday, to which Key replied "I don't have the details of his case."

Fox had said Rutene's family had contacted her saying he had committed no crime.

"He is barely a member of the Rebels motorcycle gang, he is a decorated serviceman and he is being held in a detention centre," said Fox. "The Prime Minister's got it wrong and he needs to do more."

She said there were people being detained in Australia for minor crimes such as shoplifting and traffic offences, and now, "questionable character".

"This is not just about rapists, this is about Kiwis who have been held and detained in breach of their human rights, having already served their time and much less."

Key told TVNZ's Breakfast he was not familiar with Rutene's case, but said he and others in detention centres should come to New Zealand and appeal their deportation from here.

"If you take that person, he doesn't need to be in a maximum security prison.

"My advice to him is come back to New Zealand, you'll have your appeal heard from New Zealand, and given that your community of interest is in Australia, and as you said he's not undertaking any criminal activity...then he'll probably be successful in his appeal."

* Comments on this story are now closed.

PETITION STARTED

A petition for the release of Rutene was started on Wednesday afternoon and has more than 250 supporters.