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Ex-bikie may be deported to NZ: Vic court

NZ Newswire logoNZ Newswire 22/09/2016 Caitlin Guilfoyle

Australian Immigration Minister Peter Dutton © Getty Images Australian Immigration Minister Peter Dutton An ex-bikie may be deported to New Zealand after a Federal Court judge found the immigration minister's decision to cancel his visa was lawful.

Immigration Minister Peter Dutton cancelled Moses Folau's visa in March because he considered the man a potential risk to the Australian community.

"I could not rule out the possibility of further offending by Mr Folau," the minister said in court documents.

"The Australian community should not tolerate any further risk of harm."

Folau, 31, was sentenced to more than two years jail in 2013 over an unprovoked assault involving two co-offenders in a Melbourne strip club in 2011.

He asked the Federal Court to review the minister's decision but his application was dismissed on Thursday.

In his judgement, Justice Tony Pagone said the minister's decision would appear "harsh and unreasonable to many".

But the main consideration was if the decision was lawful, not whether the court would have done the same thing.

Folau was drug-free, had completed a number of programs and worked consistently since his release from prison, the court was told.

Justice Pagone said the minister had taken those factors into account.

The court heard Folau, who is in immigration detention, would not be deported until the end of his appeal period.

Folau moved to Australia with his family at the age of six.

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