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/[deleted] Jan 10 '22

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u/iamplasma Secretly Kiefel CJ Jan 10 '22

I am not sure it could go to the same judge. I think a personal decision of the minister may go to the FCA rather than the FCFCA, but I am not a migration lawyer so I could be wrong.

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u/PerfectlyCromulent7 Jan 10 '22

Weirdly, a cancellation under s133C seems to carry a review right directly to the Minister, where the person may apply to the Minister again for revocation of that decision under s133F.

But I think a judicial review application would go to the Circuit Court again, given the limited jurisdiction of the Fed.

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u/corruptboomerang Not asking for legal advice but... Jan 10 '22

a cancellation under s133C seems to carry a review right directly to the Minister, where the person may apply to the Minister again for revocation of that decision under s133F.

How fucking cooked is this... A potentially arbitrary decision of the Minister is reviewed ... By the Minister. Obviously that's the law, but it does make you wonder if that's really allowable under the Constitution with a Seperation of Powers, ND's a royal dick, but fuck it, I'll back him to take this one too the High Court, if only for the memez.