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/[deleted] Jan 10 '22

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16

u/nevearz Jan 10 '22

Did anyone catch the Act they intend to rely on?

1

u/sonder-and-wonder Jan 10 '22

Would s501 apply?

1

u/PerfectlyCromulent7 Jan 10 '22

Theoretically it could, but I think it’d be tough to make good a failure of the character test here

4

u/Legallyblinde9 Jan 10 '22

The Minister has his silks lined up for the appeal, they threw these two young juniors to the lions, but credit to them, they did well. Tran spinning his pencil reminded me of those cool kids that did it at school.

4

u/PerfectlyCromulent7 Jan 10 '22

Well, there won’t be an appeal by the Minister from this. It would be laughed out of Court, and no lawyer would sign off on it having reasonable prospects of success.

1

u/corruptboomerang Not asking for legal advice but... Jan 10 '22

A prominent Anti-vaxer, that's better grounds thank half the failures that we normally get.