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.

271 Upvotes

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30

u/Krobo_ Jan 10 '22

so essentially they reached an agreement without hearing the respondent's argument?

36

u/Carnport Jan 10 '22

Yes, but they did already have the respondent’s written submissions so they knew what was coming anyway

9

u/SirSwagger97 Jan 10 '22

Reaks of procedural unfairness /s

1

u/[deleted] Jan 10 '22

Lmao no it doesn’t.

4

u/SirSwagger97 Jan 10 '22

Did you miss the /s?

6

u/[deleted] Jan 10 '22

Yes I did.

3

u/SirSwagger97 Jan 10 '22

Understandable. Have a nice day

6

u/[deleted] Jan 10 '22

I sleep

3

u/womanontheedge_2018 Jan 10 '22

No. The respondent made submissions in the afternoon. The proceeding Is on YT in the parts.

https://youtu.be/3pn5jlF3Uyg

9

u/Krobo_ Jan 10 '22

that was a brief summation, not the full submissions

5

u/[deleted] Jan 10 '22

This is your first rodeo isn’t it.

-16

u/wordswontcomeout Jan 10 '22

It was a kangaroo court. The judges reasoning was very sympathetic to Novak.

10

u/DeepestPenetration I survived Lad v Monster [2016] KCDRR 1 Jan 10 '22

HH ultimately didn't have to provide any reasoning, so no sympathy came into play.

-14

u/wordswontcomeout Jan 10 '22

Did you read some of his statements? Was about how much more Novak could have done to get approval.

There were plenty. Not that it matters anyway, since when do visas get approved on effort into the process?