Australian stuck in India takes his fight to the Federal Court to overturn the ban on citizens returned from the Covid-ravaged country
- An elderly Australian man stuck in India has asked Federal Court to overturn ban
- Lawyers for Bangalore-based Gary Newman made urgent application to court
- The Australian man is stranded in coronavirus-stricken India and can’t return
- People face fines of up to $66,600 and five years in prison if they come home
A 73-year-old Australian stuck in India has asked the Federal Court to overturn Health Minister Greg Hunt’s ban on citizens returning from the COVID-ravaged country.
Lawyers for Bangalore-based Gary Newman made an urgent application on Wednesday for judicial review of the travel ban, in force since Friday.
Mr Hunt announced anyone who attempted to defy the rules would be hit with fines of up to $66,600 or five years in prison, or both.
Mr Newman’s application is made on four grounds, with two centring on the application of the relevant laws.
More than 9000 Australians in India are registered as wanting to return, including 650 people registered as vulnerable.
The decision was based on the number of positive cases from India detected in the country’s quarantine facilities, Mr Hunt said.
India’s official count of cases surpassed 20 million on Tuesday, nearly doubling in the past three months, while the death toll has passed 223,000.
During a brief hearing, the Federal Court agreed to expedite the case.
A hearing date will be announced in the next 48 hours once an available judge is found.
One of the four grounds put forward by the elderly man’s legal team questions the proportionality and reasonableness of Mr Hunt’s determination, while a fourth argues the determination is not constitutional.
‘We appreciate the urgency of this matter,’ the barrister representing the health minister told the court.
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