Court to hear India flight ban challenge

A COURT challenge against the federal government’s ban on Australians returning home from COVID-19ravaged India will be heard before the order expires.

Gary Newman, 73, who is stranded in Bangalore, has instructed lawyers in Australia to file a challenge against the direction which could jail Australians or fine them up to $66,000 if breached.

Mr Newman, from Melbourne, travelled to India in March 2020 to visit friends and has been stuck there.

His legal team, barrister Christopher Ward, SC, and solicitor Michael Bradley, is expected to argue that it is unconstitutional to shut citizens and residents out of their own country.

Mr Newman’s case will go to a hearing before Justice Thomas Thawley on Monday.

Chief Justice James Allsop set the hearing date less than 24 hours after the application was lodged on Wednesday afternoon.

Meanwhile, a contingent of Australian cricketers and Indian Premier League presenters has left India for the Maldives.

Media identity Neroli Meadows posted a social media photo of her on the charter flight with former Australian fast bowler Brett Lee after the IPL was suspended.

Federal Health Minister Greg Hunt announced an emergency declaration on April 30 under provisions of the Biosecurity Act.

The ban, introduced in response to a crippling and deadly wave of coronavirus sweeping though India, is set to expire on May 15.

It makes it a crime for people, including citizens and permanent residents, to enter Australia if they have been in India during the past 14 days.

Those who breach the order have been warned they could face penalties of up to $66,000 in fines, five years in jail, or both.

A government spokesman has said it was confident “in the sound legal basis of this determination”.

The federal government has said the direction will be subject to review and could be lifted early.