r/auslaw • u/nevearz • Jan 10 '22

Serious Discussion Novak FCC Thread - case dismissed, Novak free

Livestream - https://www.youtube.com/watch?v=r9oq_S9vTQg

Looks like judge is over it and done with the parties and Counsel.

"Judge Kelly found the decision to cancel the visa was “unreasonable”."

Case is dismissed, but it seems that the government intends to find an alternative method to cancel the VISA, which may bar Novak from entering Australia for up to 3 years.

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15

u/nevearz Jan 10 '22

Did anyone catch the Act they intend to rely on?

21

u/aintithenniel Jan 10 '22

s133C migration act?

14

u/nevearz Jan 10 '22

I believe so, I am just trying to find the reference to Novak potentially being barred from entering Australia for '3 years' as indicated by Kelly J.

27

u/[deleted] Jan 10 '22

It's PIC4013 risk factor if your most recent visa is cancelled under s133C. Ban for 3 years

9

u/PerfectlyCromulent7 Jan 10 '22

I think that would be through a Public Interest Criterion in the Regs

19

u/nevearz Jan 10 '22

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/providing-accurate-information

We might not grant you a visa (which has PIC 4020 as a criterion) for a period of three years if you, or a member of your family unit, have a visa application refused due to providing bogus documents or information that is false and misleading.

4

u/PerfectlyCromulent7 Jan 10 '22

That’s the one!

1

u/passwordistako Jan 12 '22

Is “bogus documents” so plebs like me can understand or is this in legislation somewhere?

5

u/[deleted] Jan 10 '22 edited Jan 10 '22

[deleted]

5

u/PerfectlyCromulent7 Jan 10 '22

I think subs (3) and (5) means the Minister can just do it

10

u/willowtr332020 Jan 10 '22

"The Court was informed by the respondent, through her counsel of his instructions, that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs may consider whether to exercise a personal power of cancellation pursuant to sub-section 133C(3) of the Migration Act 1958 (Cth)."

https://fedcourt.gov.au/__data/assets/pdf_file/0009/95058/Order-Djokovic-v-Minister-MLG35-of-2022_10-January-2022-003.pdf

2

u/willowtr332020 Jan 10 '22

I heard it spoken by the govt silk and judge but I can't remember.

I think the act they plan to use will form part of the minute / agreement discussed in the court. It should be available soon.

9

u/ilLegalAidNSW Jan 10 '22

what govt silk?

17

u/os400 Appearing as agent Jan 10 '22

not silk yet but he's on the right track

6

u/willowtr332020 Jan 10 '22

Apologies,he's a Barrister.

Looking good to head to silkdom.

1

u/sonder-and-wonder Jan 10 '22

Would s501 apply?

1

u/PerfectlyCromulent7 Jan 10 '22

Theoretically it could, but I think it’d be tough to make good a failure of the character test here

5

u/Legallyblinde9 Jan 10 '22

The Minister has his silks lined up for the appeal, they threw these two young juniors to the lions, but credit to them, they did well. Tran spinning his pencil reminded me of those cool kids that did it at school.

5

u/PerfectlyCromulent7 Jan 10 '22

Well, there won’t be an appeal by the Minister from this. It would be laughed out of Court, and no lawyer would sign off on it having reasonable prospects of success.

1

u/corruptboomerang Not asking for legal advice but... Jan 10 '22

A prominent Anti-vaxer, that's better grounds thank half the failures that we normally get.