Challenge to India travel ban lands in court

An Australian man stranded in India has launched a legal challenge to the government’s controversial travel ban.

A Melbourne man stuck in India has brought legal action against Health Minister Greg Hunt over Australia’s controversial India travel ban. Picture: NCA NewsWire/David Geraghty

A 73-year-old Australian man stranded in India is challenging the government’s controversial travel ban in the Federal Court.

Gary Newman filed a lawsuit against Health Minister Greg Hunt on Wednesday in a bid to have the emergency declaration ruled invalid.

Mr Newman is in Bangalore, India, and wishes to return to Australia but is prevented by the ban, his lawyer Christopher Ward SC said at an urgent hearing before Justice Stephen Burley on Wednesday afternoon.

The Australian citizen is challenging the travel ban on four grounds, including two arguing Mr Hunt improperly exercised his powers under the Biosecurity Act.

Gary Newman argues the India travel ban is invalid. Picture: NCA NewsWire/Sarah Matray

Mr Newman alleges Mr Hunt did not do the due diligence required before introducing the ban.

The Health Minister failed to consider both the risk of COVID-19 spreading in prisons if people flouting the ban were jailed, and if a less restrictive path was available, Mr Newman argued in court documents.

He also argues the Act does not give Mr Hunt the power to override the fundamental right of citizens to return home.

Mr Newman also contends the ban is an over-reaction to the public health risk in circumstances where less intrusive measures were available, and that it is unconstitutional.

Justice Burley ordered the proceedings be expedited and said a hearing date for the first two of Mr Newman’s arguments would be set in the next 24 to 48 hours.

The law banning anyone who has been in India in the past 14 days from entering Australia came into force on Monday and will be reviewed on May 15.

The prospect of criminal sanctions for Australian citizens returning home has been met with uproar, but the government has stood by its decision.

Prime Minister Scott Morrison said on Tuesday the chance of anyone travelling home actually being jailed or fined was “pretty much zero”.

Immigration Minister Alex Hawke told Sky News on Wednesday the ban was “fully consistent” with international human rights law.

“The government has to act for the public health and safety to protect Australia from threats,” he said.

“And we have acted in the context of a global pandemic to temporarily pause flights from a country that is rated high risk by our health officials.”