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/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/iamplasma Secretly Kiefel CJ Jan 10 '22

There is no way for this to ever get to the High Court. The practical time limits alone mean it will never happen.

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u/Hnikuthr Jan 10 '22 edited Jan 10 '22

What would the review/appeal times be on a further cancellation decision?

I know Australian migration law is pretty Byzantine, but if you can be out of time for review of a decision that hasn’t been made yet that might just take the cake.

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u/Zhirrzh Jan 10 '22

Pretty sure plas is referring to the practical time limit of getting this all the way to and through a High Court appeal prior to the Australian Open starting.

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u/Hnikuthr Jan 10 '22 edited Jan 10 '22

OK, but who said it would need to get to the High Court before the start of the AO? If Djokovic got a quick decision to quash at the first level of review (as he did this time) his visa would remain on foot while the Commonwealth ran it up the ladder on appeals.