The New South Wales Government and Police Commissioner are pushing the Federal Government to ensure a man convicted of killing an officer is deported upon his release from jail.

Motekiai Taufahema could be free in two years, after serving his minimum sentence over the shooting death of Sydney highway patrol officer Senior Constable Glenn McEnally in 2002.

Taufahema’s visa was initially revoked by the Immigration Department, meaning he would be deported to Tonga when he was released.

But earlier this year, the prisoner took the matter to the Administrative Appeals Tribunal, which sided with him, prompting the Federal Government to appeal.

Two days ago, the Government lost that appeal in the Federal Court, effectively allowing Taufahema’s visa to be extended so he will not be deported.

The police union says the Government should now take the issue to the full bench of the Federal Court.

“What we need to see is the Minister for Immigration, Senator Chris Evans, continuing to show strong leadership on this issue and exhaust all legal avenues to overturn this decision,” the union’s Scott Weber said.

“This crook, this killer, has been in Australia for 21 years and he spent 12 of those behind bars in prison. He has a lengthy record of criminal violence.”

The Federal Government has a three-week window to decide whether to lodge another appeal.

NSW Police Minister Michael Daley says he has backed the union for the duration of the campaign.

Mr Daley has expressed his gratitude at Senator Evans’ response so far.

“I now once again say to the Federal Government on behalf of all police officers in NSW that they do everything in their power to make sure this guy does not become an Australian citizen,” the Minister said.

“He’s not a good character, he doesn’t deserve to stay here, the police want him out and I support that call.”

Police Commissioner Andrew Scipione agrees.

“Somebody that plays a part in the death of a police officer, I think, rules out and disqualifies himself from any opportunity to stay here as a long-term resident,” he says. “It’s best if he goes home.”

The union says it is not happy with the way the Administrative Appeals Tribunal reached its original decision in favour of Taufahema.

“A major concern for NSW Police is that they weren’t notified in regards to the lodging of this appeal against his visa cancellation,” Mr Weber said.

“Therefore, the police were deprived of giving the tribunal important information that could have changed the outcome.

“That’s resulted in an unacceptable situation where this killer of a policeman will be welcomed back into the community.”

Four men were jailed over the death of Senior Constable McEnally, who was shot at Hilllsdale, in Sydney’s south, while pursuing a stolen car that Taufahema was driving.

Both Motekiai Taufahemea and his brother, John, are serving 11-year jail sentences after pleading guilty to manslaughter.