Travel ban is 'unconstitutional' due to 'implied right to return home' | Sky News Australia

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The federal court has rejected an urgent application to overturn the India travel ban as the 9,500 Australians stranded will not be able to return until after the ban is repealed.

Marque Lawyers Managing Partner Michael Bradley says there is still a case to be made and they are hoping the ban will be found unconstitutional as “there is an implied right to return home that attaches to citizenship”.

“Yesterday’s result was disappointing obviously for us however the case is not necessarily over, there are some decisions to be a made in respect to the possibility of an urgent appeal and also the constitutional issues which were not dealt with yesterday,” he told Sky News. Mr Bradley said there were two prongs to the constitutional defence with the first being an implied right to return and the other being the Biosecurity Act does not have the power to override the Constitution.

Source: Holiday News (holidaynews.net)

 

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