Legal blow to India travel ban challenge

A LEGAL challenge to the federal government’s controversial India travel ban has suffered a blow, as a judge threw out arguments that Health Minister Greg Hunt incorrectly wielded his emergency powers.

The emergency determination making it unlawful for citizens and non-citizens alike to enter Australia if they had been to India in the 14 days prior came into force last Monday. It is being challenged in the Federal Court by Melbourne man Gary Newman, who flew to India in March 2020 to visit friends and remains stranded there.

The dual Australian/UK citizen was in Bangalore and, aged 73, was in a “vulnerable demographic”, his lawyer, Christopher Ward SC, told the court on Monday.

He initially intended to stay the term of his 180-day visa, but his plans were stymied by the pandemic. A return flight he booked in November 2020 was cancelled, the court heard, and he wanted to come home “as soon as possible”.

The first two of Mr Newman’s four arguments against the ban, alleging Mr Hunt had improperly used his powers under the Biosecurity Act, were thrown out by Justice Thomas Thawley on Monday.

Dr Ward told the court the ban was the “most intrusive and restrictive method” of controlling COVID-19 possible.

He said the minister must have had evidence of a “real and serious risk” to Australia’s quarantine system presented by people transiting through third states from India to Australia in order for “a decision of this magnitude, this sensitivity, this extraordinary infringement on a fundamental right to be valid”.

But the argument was rejected by Justice Thawley.