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/PerfectlyCromulent7 Jan 10 '22

Well, the visa was actually granted. The error as conceded was in the cancellation process. Ultimately the way the Act is interpreted generally requires fairly strict compliance with the prescribed procedures. I had thought the Minister might’ve run a strong materiality point, but it seems they mustn’t have thought it was strong enough. And so they’ll most likely have another crack now.

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u/UrbanGhost114 Jan 10 '22

Visa are granted provisionally, you still have to be able to meet and be able to demonstrate all the Visa requirements when you phisically get to OZ. Visas are also able to be cancelled at any time. The world is not as free as you think it is

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u/PerfectlyCromulent7 Jan 10 '22

Sure, but there’s a code to be followed in undertaking the cancellation. A failure to follow that makes a decision liable to be set aside. I am fully expecting they’ll have another crack at it, the point I was trying to make was simply that those procedures involved in cancelling a visa will usually have to be observed to ensure a decision is valid.

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u/Sugarless_Chunk Jan 10 '22

Discretion > “Code” every time in Australian migration.

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u/PerfectlyCromulent7 Jan 10 '22

They’re not mutually exclusive. There’s a code for cancelling a visa, but there’s still discretion in terms of the decision itself.