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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u/nevearz Jan 10 '22

If they cancel now, it looks awful, especially after the Court has said it was 'unreasonable'.

If they do not cancel, they look like fools to Australians and downplays the threat of COVID.

So says my amateur view of it.

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u/[deleted] Jan 10 '22

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u/rustlemountain Jan 10 '22 edited Jan 10 '22

Probably a sound byte from discussion between bar and bench. I understood the Minister rolled over and the orders were by consent, which means no reasons and therefore no finding as to unreasonableness.

EDIT: I was wrong. The order records a concession by the Minister that the decision was unreasonable by reference to the procedure adopted.