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Court Upholds Australian Government Ban on Travelers From India
But it may face a constitutional challenge in the 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 the relevant preconditions, such as whether it was “no more restrictive or intrusive than is required in the circumstances.”
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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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.