Matangi Tonga reports Vuna Fa'otusia was charged in January with wrongful interference with the course of justice and using threatening language to police officers in a dispute over a stolen cow.
He was charged and released on bail but was put on the no-fly list.
The Crown's appeal, which is expected to be heard on Friday, alleges the Minister's application did not follow proper procedure.
A bail variation must include an application, supported affidavit and draft order.
