"Martin’s claims of indigeneity will be considered along with any evidence in support of these claims while he is offshore."
Since his deportation in 2016, Martin has launched a number of legal bids to return to Australia.
Martin's wife Adriana and three adult children,including Richmond AFL star Dustin Martin,all live in Australia. Martin moved to Australia at the age of 20 and lived in the country until the age of 49 when his visa was cancelled by then immigration minister Peter Dutton citing his criminal record and links to the Rebels gang.
At the time,then-prime minister Malcolm Turnbull said he was"proud"of his government's deportation of Martin who continues to run his Sydney trucking company remotely from New Zealand.
"People who are outlaw motorcycle gang members,who are criminals or threats to national security cannot stay in the country."
Since his deportation Martin has said he renounced his connection to the Rebels.
"They respect what I'm fighting for and vice versa. It shits me that you can't keep in contact with people who have been a big part of your life,"Martin said.
"I met some really good,respectful people,I don't regret it. It sort of annoys me how people look down on bikies,or clubbies. They do have morals,respect and loyalty."
In 2017, A Current Affair reported Martin had a substantial criminal history in Australia including unlawful assault,burglary,being armed with an intent,criminal damage,resisting police and aiding and abetting in the trafficking of ecstasy.