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.
Not clear what the timeline will now be.
ND is now concerned about security / media scrum, given Lloyd announced the location on YouTube.
Kelly: this isn't my business.
Kelly: But I reckon everyone should fix this problem. And ND's idea - an undisclosed location - is a good idea.
Cth: Checking that the Cth's undertakings not orders. (Seemed clear enough to me.)
Cth: heard Kelly mis-speak. It's the FCA, not the (now defunct) FCC.
Cth: reckons the detention issues can just be agreed between the parties.
(s189 be damned.)
ND: WTF. There's no agreement!
Kelly: WTF. Adjourned.
I guess ND isn't going to meet his planned 10.15pm time for making the originating application?
Has anyone worked out the timeline? Is the idea that the FCA duty judge will hear the case on Sunday?
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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.