The anti-corruption body IBAC will investigate claims of police brutality and racism in an arrest in Melbourne's west six years ago, after a Victorian Court of Appeal decision.

In what is being described as a landmark ruling, the court overruled an earlier Supreme Court decision, that ruled the former Office of Police Integrity was not obliged to follow up on the complaint.

Nassir Bare migrated to Australia from Ethiopia.

He claims his legs were kicked out from under him by officers, before his head was pushed into the ground, chipping his teeth and cutting his face, during an arrest in Williamstown in 2009.

Mr Bare said the injuries occurred when his head was pushed repeatedly into the gutter, and that he was sprayed by capsicum spray and racially taunted as he lay on the ground.

He had been pulled over by police in his car, and Mr Bare alleged the officers told him, "You black people think you can come to this country and steal cars".

"We give you a second chance and you come and steal cars."

Mr Bare complained to the then Office of Police Integrity in 2010, arguing the officers' conduct breached his human rights, that he "not be treated in a cruel, inhumane or degrading way".

The Court of Appeal heard the OPI director refused to investigate the claim, ruling it was not in the public interest, and offered to refer Mr Bare's complaint back to Victoria Police.

Mr Bare then sought a judicial review of the decision in the Victorian Supreme Court.

He lost that case in 2013, but appealed against the decision, and today won the right to an independent review.

Court of Appeal makes 'landmark decision'

The Court of Appeal ruling was a majority decision, after the Chief Justice Marilyn Warren indicated she would have dismissed the appeal.

The judges found the OPI director did not give proper consideration to Mr Bare's rights under the Charter of Human Rights, and ordered IBAC to review the decision to ignore his complaint.

Mr Bare was not in court for the decision, but outside his advocate Tiffany Overall of Youthlaw said it had been a long legal battle.

"It's an exciting landmark decision for a young man we've been supporting for a number of years," she said.

Anna Brown from the Human Rights Legal Centre said it was a significant win in a case that had renewed debate on the issue of police investigating police, and that it could influence other cases.

"It really underscores the way for further reform in the way we investigate police complaints in Victoria," she said.

"In this case it was the right to be treated without discrimination and also the right to be free from assault or torture.

"They're really important considerations when it comes to the treatment of individuals by the state."

In a statement, Victoria Police said while it was aware of the Court of Appeal's decision it would not be commenting further, "as this is a matter for IBAC to consider".