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The controversial India travel ban, criminalising Australians return home from the COVID-stricken nation, has stood up to its first legal challenge.
But it may face a constitutional challenge in coming days.
Lawyers for a Melbourne man stuck in India had argued Health Minister Greg Hunt s order was invalid.
Their reasons included that the minister hadn t properly satisfied himself of relevant preconditions, such as whether it was no more restrictive or intrusive than is required in the circumstances .
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But Federal Court Justice Tom Thawley on Monday dismissed the first two parts of the four-pronged challenge.
The Biosecurity Act allowed the minister to make an order to prevent or control entry or exit of a particular human disease from Australia.
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A growing number of current and recovered COVID-19 patients in India are contracting a deadly and rare fungal infection, doctors say as the vast nation battles to contain a massive outbreak of virus cases.
The world s second-most populous nation on Monday reported nearly 370,000 coronavirus infections to take the overall number of cases to just under 22.7 million, and more than 3,700 new deaths.
Experts warn that the actual number of cases and fatalities could be much higher.
Mucormycosis, dubbed black fungus by doctors in India, is usually most aggressive in patients whose immune systems are weakened by other infections.