Thread by @jeremy_gans

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?)

(Both Minsiter's reasons and ND's response are weirdly narrow and weak.)

ND foreshadows a challenge to the evidence on ND's media statements etc from Dec 2020.

So, to recap, ND claims that the Minister's sole reason for chucking out ND is that he's anti-vaxxer whose ability to stay in Australia will inspire other anti-vaxxers.

(Just wondering: does this sort of reason engage the implied freedom of political communication?)

Cth agnostic on transfer. Cth can accomodate subs by 10pm tomorrow and a hearing Sunday. Cth can undertake no removal until the end of the proceedings (FCFCOA or FCA).

Judge reluctant to make determination on detention. Cth says ND won't be detained tonight on condition he goes to DoI at 8am tomorrow. (Media scrum at Spring and Lonsdale?)

Cth doesn't think ND can seek interim relief from detention and doesn't think ND is seeking that.

Cth is happy for ND to be brought to his lawyers for the hearing, and has access to lawyers in some suitable form even if he is detained from 8am.