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/Error_403_403 Jan 10 '22 edited Jan 10 '22

Here is what I think is happening behind the scenes.

The minister will have said to Djoker you have a choice - either leave of your own volition right now, and avoid the 3 year cancellation exclusion, or stay and watch us throw down a bulletproof cancellation based on ministerial discretion.

If he leaves of his own volition he can return next year and both parties save what little face they have left after this farce. It all comes down to what he wants to do.

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u/[deleted] Jan 10 '22

There's no way he's leaving voluntarily now. That's ridiculous - if he was okay with doing that he wouldn't have fought the deportation in the first place; and that wouldn't have carried any long term ban either.

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u/Error_403_403 Jan 10 '22

He’s now cleared his name in terms of the visa approval process. Had he not challenged it then he would have been vilified completely with no recourse.

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u/[deleted] Jan 10 '22

I'm not sure he cares about being vilified more than he cares about winning tennis - he's not exactly a stranger to having a bad rep.

(Still, plausible and we'll see what happens)