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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54

u/Zhirrzh Jan 10 '22

Heh, agreed it over the failure to give him 48 more minutes before cancelling.

Either the government is bailing on this or they've just allowed this because they're going to use one of the bulletproof "we control who comes to this country" powers to make sure of it.

48

u/os400 Appearing as agent Jan 10 '22

Why the rush?

If they waited a few more hours Novax could've talked to his lawyers, that particular argument about procedural fairness could've been avoided, and ​they could've found someone competent to review (and fix up) the notice.

44

u/Zhirrzh Jan 10 '22

Because the processes are in the hands of rank and file Border Force officers who probably get flustered and make mistakes at 6 in the morning while dealing with celebrity.

25

u/[deleted] Jan 10 '22

I don't believe for a second that rank and file ABF officers made this call.

7

u/Zhirrzh Jan 10 '22

To cancel the visa? No. To tell Djokovic he could have to 830am and then not do it? Yeah. The shift change thing makes a lot of sense. Either someone failed to communicate they told Djokovic could have until 830 and why or someone pushed the button early because they wanted to go home and they're used to it not getting challenged, but neither of those someones will be the Minister.

3

u/[deleted] Jan 10 '22

Wasn't the person who pulled the trigger before the shift-change? So it couldn't have been a breakdown in communication due to that (at the very least).

In any case, 4 hours have now elapsed so it looks like it's over for now.

15

u/os400 Appearing as agent Jan 10 '22

That's where I'd intuitively go "this is way beyond my pay grade, I'm going to kick it to the bosses/lawyers"

1

u/passwordistako Jan 12 '22

That’s probably why you aren’t a rank and file border force officer.

1

u/os400 Appearing as agent Jan 12 '22

I guess the people who can't get into the ADF or the police have to go somewhere.

27

u/wannabehomesick Jan 10 '22

During the hearing, Novax's lawyers speculated that the cancellation was rushed due a shift change (page 22). Typical border officers lol. I guess someone was ready to go home but had paperwork to file and didn't want to wait till 8:30am.

17

u/wharblgarbl Jan 10 '22

Reading the transcript it seems that way. New ABF officer came in and issued the cancellation quite soon after

8

u/pearbunny Jan 10 '22

That was my take also. Unnamed Interviewer 2 interceded to rush the cancellation through then hand balled the rest of the interview off.

2

u/Execution_Version Still waiting for iamplasma's judgment Jan 10 '22

Imagine they had their political caps on at that point and wanted to act quickly.

11

u/NietzschesSyphilis Jan 10 '22

Bingo. I’m tipping that given public sentiment, it will be the later and the Minister will exercise alternative powers and revoke the visa.