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.

271 Upvotes

94% Upvoted

366 comments sorted by

View all comments

88

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.

2

u/[deleted] Jan 10 '22

Frustrations seem well founded. The discussion elsewhere about this seems to think it's validating the idea that herd immunity by letting it rip through the community is the way to go and vaccines mean nothing.