This failed and Mr Martin was on a Qantas flight back to Auckland on Monday morning.

Mr Martin, who runs his Sydney trucking company from New Zealand, has mounted several legal challenges attempting to return to Australia where his wife, three sons and two step-daughters all live.

"Martin’s claims of indigeneity will be considered along with any evidence in support of these claims while he is offshore," an Australian Border Force spokeswoman said.

Immigration Minister Peter Dutton called Mr Martin's claims of Aboriginality "spurious" on Today on Tuesday morning.

"He, along with many others, don't deserve to be in our country and that's why they have had their visas cancelled," he said.

"If you come to our country as a Kiwi, a US citizen, as citizen of anywhere else in the world and you commit crimes in our country ... you can expect to be deported."

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Mr Martin's national police check, obtained by the Herald and The Age, shows he has been convicted of the possession of drugs and other restricted substances in the early 1990s.

In 1990, he was charged with resisting police, burglary, being armed with intent, unlawful assault and criminal damage. In 2004, he was sentenced to eight weeks' imprisonment for aiding and abetting ecstasy trafficking, two counts of possessing a drug of dependence and possessing cannabis and MDMA.

In his book Rebel in Exile, Mr Martin claims he has left the bikie gang which he had previously said were his "brothers".