Covid-19: Federal Court challenge to India travel ban to be heard on Monday
The legal challenge to the government’s controversial ban on India flights will test whether it infringes the rights of citizens.
The legal challenge to the Morrison government’s controversial ban on flights from India will go ahead in the Federal Court of Australia on Monday and will consider whether the ban is “reasonably proportionate” or infringes upon the perceived right of citizens to enter the country.
Melbourne man Gary Newman, 73, who is stranded in Bangalore, formally filed a lawsuit against Health Minister Greg Hunt’s emergency determination, which prevents people who have been in India in the past 14 days from entering Australia.
Chief Justice James Allsop expressed concern at a case management hearing on Thursday that Mr Newman’s case may stray into “constitutional territory”, but his barrister, Christopher Ward SC, assured him it would not.
The court heard the legal challenge would not involve any constitutional issues and would focus instead on questions involving the implementation of the Biosecurity Act.
The Morrison government last week invoked the Biosecurity Act to stop travellers who have been in India, which is being overwhelmed by coronavirus cases, from coming to Australia, with those that flout the rules facing potential penalties of five years in jail or $66,000 in fines.
Mr Newman is challenging the travel ban on four grounds, including two arguing Mr Hunt improperly exercised his powers.
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.
The hearing is expected to take between half a day and a full day with Mr Newman having until Friday to file his evidence.
The travel ban is in place until May 15.
Scott Morrison on Thursday said the federal government would welcome states and territories accepting repatriation flights from India when the pause is lifted.
The Prime Minister said Australians returning from India would “principally” quarantine in the Howard Springs facility near Darwin, which will more than double its capacity later this month.
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