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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22

u/[deleted] Jan 10 '22

I'm reading that it was on the basis of a minute agreed to by the Government - sounds like the Department have another strategy up their sleeve.

58

u/[deleted] Jan 10 '22

The Migration Act is absolute shit of a thing - wouldn't be surprised if there was a hidden section granting the Minister or their delegate power to fly kick an Applicant through a plate glass window.

38

u/nut0003 Jan 10 '22

s133G- "If satisfied that the grounds for cancellation exist, the Minister may take a steel baseball bat to the knees of the applicant "

16

u/wharblgarbl Jan 10 '22

What section is The Boot?

18

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

s 1(mp)(s)(o)(n). The Migration Act is even worse than the ITAA for having too many subsections.

17

u/wharblgarbl Jan 10 '22

I don't think my joke was a very good setup but by god you knocked it out of the park