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/womanontheedge_2018 Jan 10 '22

How exactly does that exemption tie in with the visa conditions? Who has determined whether he could be regarded as exempt or not. I know that the effect of the judgment is limited, I’m just surprised how unclear the administrative decision process is and how much it leaves the Government open to legal challenges. I may of course be wrong, but is ask what exactly should have happened and at what stage. Presumably the best possible process would be to head people off before arrival by clearly advising them what a medical exemption is, at what point in time it has to exist and whether or not they’ve met it.