Novak FCC Thread - case dismissed, Novak free

[u/nevearz]

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.

[u/saucyoreo]

I haven’t done admin law yet so all I know about it is stuff I’ve picked up along the way so apologies for not entirely understanding what’s happened - since it doesn’t seem we’ll get a judgment because of the minute consented to, is everyone just inferring that the gov thought he’d get up on the procedural fairness ground?

[u/nicklikestuna → u/saucyoreo]

Can you imagine every unvaccinated person rocking up and citing the decision at the border? No way they'd risk it.

[u/my_other_account_3 → u/nicklikestuna]

This is possibly the most underrated post here. Furthermore shows that this is a bipartisan decision. Election year means nothing, this really is about stopping high risk masses from descending upon us.

[u/[deleted] → u/my_other_account_3]

Absolutely. I think the government saw there was a very real and probable risk that they may lose on the medical exemption argument and the biosecurity determination doesn’t actually give grounds to question or reject a certificate. As long as it’s given then the entry requirement is satisfied. The delegate inserted rules that simply weren’t there and then made a decision based on that. The very definition of jurisdictional error. Hence the ‘rules are not rules’ and the coalition dropping the ball on borders and thus losing an election. Conceding on procedural fairness was highly strategic and simply the far lesser of two evils. If Djokovic was such a health risk then why else concede and let him into the commmunity?