THE FATHER of Richmond superstar Dustin Martin has secured a major legal victory in his fight to get back to Australia, but it's not over yet.

AFL.com.au understands Shane Martin remains no certainty to be reissued with a visa despite Immigration Minister Peter Dutton conceding a legal error was made in the decision to deport him.

The case of Mr Martin, who was deported to New Zealand last year because of his links to the Rebels motorcycle club, was mentioned in the Federal Court in Sydney on Tuesday.

Justice John Griffiths was told the minister had agreed the decision should be quashed.

"You are not going to do much better than that," he quipped to Mr Martin's barrister James Forsaith when he stood up to make a submission.

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.

"The outcome of this litigation will not result in the reinstatement of Mr Martin's visa," a spokesman for Mr Dutton said in a statement.

"Mr Martin remains offshore and has no visa to enter Australia."

While Tuesday's decision will likely pave the way for Mr Martin to apply for a visa to re-enter Australia, it's unclear whether he'll be able to meet strict entry requirements.

The deportation of Mr Martin, who had lived in Australia since he was 20, meant he missed his son's AFL Grand Final win this year when the Tigers claimed their first flag since 1980.

In October, Mr Dutton said he based the decision to deport Mr Martin on information that is not publicly available.

"I have information that is provided by the intelligence agencies and by law I am prohibited from giving you the detail," the minister 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."

Martin, who won the Brownlow Medal and the Norm Smith Medal this season, told The Footy Show in August that his father was his biggest supporter and that leaving him in New Zealand after a visit was one of the hardest moments of his life.

"It's been incredibly hard the last 12 to 18 months not having him here. He'd love to be here and hopefully he is back here soon.

"It's been a pretty emotional week ... seeing him [in New Zealand] he was pretty broken."