Orders:
If ND undertakes to file originating application, etc and cover costs for people affected etc
AND if Cth undertakes to not to remove ND and not to detain ND before 8am tomorrow and to detain ND with lawyers from 10-2 tomorrow and from 9am Sunday with two ABF goons

1. Leave to make subs by AV.
2. ND can make oral application for judicial review of the visa cancellation
3. Subject to 4, proceeding transferred to FCA (judge wrongly said FCC.)

So, it's a transfer to the federal court after all.

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Jeremy Gans

@jeremy_gans

14 Jan

Kelly's raising the undetermined issue about ATAGI guidelines from Monday??? Is that in issue now?

Kelly says he can take judicial notice of the effect of the pandemic, as an important foundational aspect of this case.

Cth says: that's over. Minister has his own reasons. (Agrees with ND to that extent.) Not the same issues as the earlier case.

Read 9 tweets

Jeremy Gans

@jeremy_gans

14 Jan

The reasons are *starkly* different to the delegate's reasons.
Last time: might infect others.
This time: Minister assumes: ND has complied with law, negligible risk to others, has medical reason not to vax, and is of good standing.

Foreshadowed ground 1: irrationality.

Minister *only* considers the 'potential for exciting anti-vaxx sentiment if ND remains'!

(!!!!!)

ND argues that Minister failed to consider impact of excluding ND from Australia on anti-vaxx sentiment. That's irrational.

(??? Doesn't seem a great argument?)

Read 9 tweets