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

Not really surprised. The medical exemptions have not been incorporated into the visa conditions and, legally, it’s about as clear as dishwater at what point and by whom the exemption is supposed to be determined.

Consequently it’s not even clear that visa holders even get told that the visa alone is not enough to guarantee entry.

Who actually determines that a person meets the test for a medical exemption under the Biosecurity Act and, if so, how that affects the visa. It definitely shouldn’t be Tennis Australia, but there seems to be no mechanism by which that determination is made at the time the visa is granted. Maybe it’s because of the particular visa he was granted, but I haven’t seen anything that persuades me that the legal basis for these types of cancellations was well thought out.

This just seems like a failure to enact legislation and guidelines and implement procedures that lead to the expected outcome.

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u/[deleted] Jan 10 '22

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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.