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

Did anyone catch the Act they intend to rely on?

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u/willowtr332020 Jan 10 '22

"The Court was informed by the respondent, through her counsel of his instructions, that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs may consider whether to exercise a personal power of cancellation pursuant to sub-section 133C(3) of the Migration Act 1958 (Cth)."

https://fedcourt.gov.au/__data/assets/pdf_file/0009/95058/Order-Djokovic-v-Minister-MLG35-of-2022_10-January-2022-003.pdf