The Federal Court has thrown out part of a challenge to a temporary ban on passengers travelling from India where COVID-19 infections rates have been escalating.
Lawyers for Melbourne man Gary Newman, 73, who is stuck in India, told the court his common law right to return home had been overridden by the biosecurity order preventing people from returning to Australia if they have been in India for the past 14 days. But government lawyers told the court the act prevailed over such rights if it was needed to protect the national interest.
The case may not be over yet with lawyers considering whether to pursue two other constitutional issues.
Source: Holiday News (holidaynews.net)
'First they came for the ...' People from India have to give up their citizenship to become Australian citizens. Wait until the table turns to a country where our citizens have a dual nationality, & watch carefully how the government will start to create classes of citizenship!
Hope the fed govt legal costs are awarded against the frivolous fuck who took the govt to court
I understand this fellow has been in India since March 2020. Was this case simply to prove a point or set a precedent? He has had 13 months to return before the ban.
Disgraceful court decision
Quarantine is about keeping pathogens out of Australia not expediting arrivals or providing hospital treatment.
Article doesn't say which part was thrown out & what remains
What did they think would happen, Citizens in Malaysia have more constitutional rights than us. The one positive of Covid has been people realising how few rights we have & the inability of Courts to uphold 'implied rights'
Sounds like a pretty simple reasoning, and one the act/regs would have likely detailed, meaning the challenge is likely to lack substance and be a bit thin.
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