India travel ban unconstitutional, made under ‘dictatorial power’: Geoffrey Robertson

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Renowned human rights lawyer Geoffrey Robertson QC says the ban on Australians returning from India because of COVID-19 is unconstitutional and made under a “dictatorial power” not approved by Parliament

“Many Australians are in difficulty overseas as the pandemic continues and have been prevented from getting home by the flight limits already imposed by the Australian government,” Mr de Kretser said. “The Australian government should support them, not abandon and criminalise them at the worst possible time.

Mr Robertson, in quarantine in Sydney after flying from the UK on a speaking tour, acted pro bono for two test cases of Australians stranded in the United States. In the case of the two Australians, two men separately stuck in the US, both had been vaccinated and were prepared to pay for quarantine, but were prevented from coming home.The UN committee issued an interim request that the men should be able to return home and called on the government to justify its policy of excluding its citizens.

Marque Lawyers managing partner Michael Bradley said he was “actively exploring” a legal case and was considering arguing that the minister had overreached on administrative law grounds.but it must be appropriate and not excessive“It’s not a licence to go overboard,” he said, adding there were other ways of managing Australians in India rather than making it a crime for them to come home.

 

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Curtains_Drapes I want to see Geoffrey Robertson QC do Morrison. Slowly. His arguments are as straight and directed as a master surgeon. His ‘Hypotheticals’ inspired me to follow my career. ScuMo is advised by untidy partisan thinkers, which will bring on the downfall of this foolish decision.

And is therefore Actionable, in our view.

Caref there Geoffrey...you don't want the attention of Dutton or his jack booted AFP.

Didn’t he say to jail returning Australians was unconstitutional? He said to protect citizens already in Australia and have returning Australian allowed entry with quarantine was morally the right thing to do.

Australia needs a BillOfRights urgently. Only democracy without one. We are a BritisEmpire colony of convicts. When interest rates go up the over geared investors will be homeless peasants, and banks will clean up again. auspol

Why a travel ban? Isn't this why we have a hotel quarantine system - where we assume everyone arriving is infected. travelban

xskinn Good to see that Robertson is seeing the LNP Govt taking actions under 'dictatorial power.' Maybe others in the intelligentsia and MSM collaborators will awaken (and open their mouths!) to the fact to what is going on in Australia. auspol

'Mr Robertson, in quarantine in Sydney after flying from the UK on a speaking tour...' So, let me get this straight... Mr Robertson went on a speaking tour during a pandemic, to a hot spot, and presumably took up a quarantine spot for a stranded Australian on his return...?

It’s temporary dickhead, to save the country from ruin

It’s a pandemic! The India travel ban is a temporary measure. The government is acting to keep Australians in Australia safe. The threat of imprisonments and or fines is a deterrent, also to keep Australians in Australia safe.

russelljh Yep we all know the PM is a born narcissist

I wonder Will someone (Human Rights Organisation) challenge the law in High Court.

Has Geoffery Robertson called this out anytime in the last 6 years... 2015 was when the Act was written as I understand.

OMG, that dinosaur again. Irrelevant and old. He should do the hypotheticals again, he was good at that.

Are saying a style of JUNTA

ravirockks 👍

I'd shut inbound from India. For dickheads who want to flaunt it - by evading passport control, not easy - potential consequences are clear. Big whoop. Same media scare mongering 'apocalypse in India' also berating government 4 temp inbound/India ban? Give me a break.

scottythedictator

Another

And yet no human rights were abused when states closed borders or forced people to wear face masks or businesses were shut down. What about all the bubbles?

Where are all the freedom fighters now that we see a 'real' example of our freedoms being removed!

Was not this law,made in 2015,Who was Prime Minister then?

Scomo the Scamo.

Where was the outrage when Mark McGowan locked all Western Australians out of Western Australia 😏...go figure Auspol MichaelSlater

dwoodbridge Mr Robertson is also the guy who defended Julian Ossange. Did Mr Robertson flap his gums when Daniels shut down public housing and effectively gaoling people in their homes? What about McGowans border lock outs? What about Biden’s child detention crisis

Narendra Modi didn’t lock down India ..why criticise Australia’s Govt when India’s govt should have taken action . Modi held mass political rallies & we are expected to risk our health workers who look after quarantine 😏 auspol

Geoffrey is right, isn’t he. The LNP government is unconstitutional, there he said it, a human rights lawyer!

A neighbour is a nurse & worries that she might bring covid back to family or community.Geoffrey Robertson can take his law degree & stick it where the sun don’t shine.These are not ordinary times & frontline workers are under constant stress,I’m grateful they turn up to work

And Morrison said: 'I've spoken with Jen and she says I've done the right thing. So there!'

By turning their backs on desperate Aussies trying to return home, Federal Government have sold their souls. Usual LNP MO, failing to take accountability for border/quarantine failures - effectively outsourcing quarantine to other nations prepared to take those fleeing India.

It’s temporary and buys time for Australia. I have a neighbour who travelled to India for a religious festival and ignored the COVID19 risks. We are staggered by this and liken it to going into a war zone without understanding the big picture.

According to your reporter Peter Hartcher, the same provisions applied to China, then South Korea, Italy and Iran under the Biosecurity Act...

Send this geezer to India to pick them up.

How the fuq do you ban CITIZENS returning to their own country? What a joke.

The penalty provisions are contained within the existing legislation. What is he talking about?

Mr Robertson is growing blinkers on his research as he ages.

Nonsense. It’s the Bio Security Act on advice of CMO.

Didn’t Dan Andrew’s do exactly the same thing with far far less need to do so? Or do the Left just forget about that?

Try bio security powers F wit !

The Gov must be held to account, they’re out control. This is a Democratic society and Scott Morrison is answerable to the electorate, the people, not himself. He is an arrogant prick and has to be removed !!

Thanks Geoffrey. Most of us would rather be in Aus. with a good record of few deaths from Covid than in the other great democracies of the world, that have allowed open slather travel and entries with thousands of sick and dead lying in the streets. Time to pull his head in.

this may break everything LOL banning return from India is probably illegal and if it gets to court it will be determined free movement is legal and then overseas travel to and from will resume with a vengeance. The anarchist in me loves the idea of so much chaos

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India travel ban unconstitutional, made under ‘dictatorial power’: Geoffrey RobertsonRenowned human rights lawyer Geoffrey Robertson QC says the ban on Australians returning from India because of COVID-19 is unconstitutional and made under a “dictatorial power” not approved by Parliament | TammyMills1 TammyMills1 There are plenty of things which have occurred during this pandemic which have been unconstitutional. From closed state borders to the ring of steel. From curfews to maximum 5km radius’s. TammyMills1 Why haven't these people returned before now? Do these people normally live in Australia or are they dual citizens deciding Australia is safer? If they all bring Covid with them (extremely possible) then it won't be safe here especially as we are going in to winter. TammyMills1 But closing state borders are celebrated.
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