NEWS PIECE: Legal Challenge to India Travel Ban

Written by Laura Pavia

Edited by Gabriella Ferraro

Background:

Gary Newman, a seventy-three year old Australian citizen filed an urgent application to the Federal Court against Australia’s health minister Greg Hunt after Hunt's determination that people who have been in India for the past fourteen days cannot return home to Australia.

The temporary ban of the Morrison Government will be reviewed and possibly lifted as of the 15th of May 2021. Although it can be expected that with the current situation in India unlikely to improve, the ban will remain in place.

Currently, the return to Australia from India constitutes a crime with penalties of a maximum of $66,000 fine, up to five years of jail, or both.

New Zealand has also imposed a two-week suspension on flights from India from April 11 to 28, with criminal sanctions available if necessary.

Newman’s Submissions:

In court, Newman and his team legally challenged the ban on multiple basis, including on constitutional grounds.

Court Hearing:

On Thursday, Federal Court Chief Justice James Allsop scheduled the case for hearing on Monday from 10.15 am “or such later time” as is subsequently decided. The challenge will be heard by Justice Thomas Thawley.

Remember to check back for developments in this matter.