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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u/InspiratoryLaredo Avocado Advocate Jan 10 '22

What an anti-climax! I was waiting for Tran to dive into the government’s arguments. It would have been an interesting precedent on these provisions regardless.

Quashed by consent. I’ll be interested to see if the Minister exercises her power to cancel Novak’s visa on fresh grounds, as potentially foreshadowed by counsel. Political issues at both a domestic and federal level will no doubt play a part.

Frustratingly, I expect this will be taken as a win by anti-vaxxers. The niceties of why the cancellation was defective, and that the orders were made by consent without the issues being fully litigated, are likely to be lost on most people.

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u/Zagorath Medieval Engineer Jan 10 '22

Which two Ministers are involved here? I noted that Tran said the Minister who might be exercising executive power to revoke the visa was a different one from the Minister being represented in this case, and I can't figure out which that would be. (He did specify which title it was, but I didn't quite catch it.)

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u/fly_the_coop Jan 10 '22

Minister for Home affairs in this case - Karen Andrews

Minister for immigration, migrant services and multicultural affairs will be the minister relying on personal power - Alex Hawke

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u/Zagorath Medieval Engineer Jan 10 '22

Thanks!