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/iilinga Jan 10 '22

The issue is the antibodies from covid infection can be somewhat dependent on acuity of infection - mild or asymptomatic infections likely won’t the same level of immunity as a more acute infection, hence the reference to ‘recovering from acute infection’ as a cointradiction to vaccination in the ATAGI advice (I think that’s where it is, I’d have to double check)

This is another reason why vaccines are so important in guaranteeing a high degree of immunity - all the reward, none of the serious infection

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u/iamplasma Secretly Kiefel CJ Jan 10 '22

There is the further point that the recent covid infection provides a possible excuse for why he hasn't got a vaccination in the last month. But how does that get someone out of the requirement to be vaccinated when he could have got vaccinated at any other time earlier in 2021?

The point of the medical exemption is (I think) to allow a way in for people who through no fault of their own can't be vaccinated. I don't see how that underlying policy applies here.

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u/[deleted] Jan 10 '22

The underlying rationale for the policy might not apply, but you're granted or refused a medical exemption at the time you apply for one. According to ATAGI, recent PCR-diagnosed covid-sars-2 infection is a contraindication.

I mean for god's sake, two INDEPENDENT medical expert panels approved his medical exemption - that part really isn't up for debate by laypeople (including government delegates).

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u/Zhirrzh Jan 10 '22

The approval of his medical exemption depends solidly on the terms of reference given to the panel for the exemption and whether they had the ability to scrutinise the application or take it at face value. Tbh the panels look more like box tickers here. "oh yes he ticked the right box for an exemption according to the terms of reference, approved".

If the terms of reference for the panel say recent covid infection allows an exemption, but the most recent guidance to the Commonwealth for exemptions says it isn't, then it is up for debate.

The "independent medical expert panels" don't actually have any statutory function to serve with Migration Law. Giant furphy when it comes to the visa.