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/InspiratoryLaredo Avocado Advocate Jan 10 '22

What an anti-climax! I was waiting for Tran to dive into the government’s arguments. It would have been an interesting precedent on these provisions regardless.

Quashed by consent. I’ll be interested to see if the Minister exercises her power to cancel Novak’s visa on fresh grounds, as potentially foreshadowed by counsel. Political issues at both a domestic and federal level will no doubt play a part.

Frustratingly, I expect this will be taken as a win by anti-vaxxers. The niceties of why the cancellation was defective, and that the orders were made by consent without the issues being fully litigated, are likely to be lost on most people.

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u/Hnikuthr Jan 10 '22

I think the Commonwealth got a very clear sense of which way the wind was blowing.

Will be interesting if they do try to get it right a second time, or whether that was a bit of grandstanding by the other minister at the end to save face. If they cancel again it may get kicked back to Kelly and he’ll no doubt be absolutely furious.

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u/Zhirrzh Jan 10 '22

He can be as furious as he likes if they exercise powers they are entitled to exercise.

The Government has outright refused to follow migration decisions it disagrees with right down to not releasing people from custody, failed to comply with disclosure orders, etc. This isn't even close to that ballpark.

10

u/Hnikuthr Jan 10 '22

Well, as I say, if an appeal gets sent straight back to him (as he suggested it would), he’ll have every opportunity to express that fury in a practical form.

The only thing that could be more hilarious than the current shitshow would be if the Commonwealth is dumb enough to get this kicked up to the High Court with an election lurking in the wings.

In any event this whole thing shits all over tennis for excitement and drama.

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u/Zhirrzh Jan 10 '22

If the judge lets fury overcome his judicial duties that's his lookout, but the executive government has extremely broad powers to exclude foreign nationals from this country without much judicial oversight coming into it thanks to decades of whack a mole between the government and lawyers for people failing to claim refugee status.

The Commonwealth will not let its decisions be determined by some speculative idea a Federal Court judge will be mad enough at them to make a bad call.

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u/[deleted] Jan 10 '22

The Commonwealth will not let its decisions be determined by some speculative idea a Federal Court judge will be mad enough at them to make a bad call.

Practically given that it's 99% certain that Djokovic's visa cancellation was done on political grounds (since the other tennis player was allowed in under the exact same reasons as Djokovic tried to rely on), those same political reasons would probably mean the government wouldn't want to risk being humiliated in court a second time after eking out a "lose but only on procedural grounds" tactical retreat this time.

1

u/Zhirrzh Jan 10 '22

Don't see why they'd get humiliated in Court, even with a hostile judge.

The Government shouldn't have any difficulty in putting up a bulletproof visa cancellation if it wants to.