“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.”
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He confirmed the centre was exploring a legal challenge.
Because Australia has no charter of human rights, any domestic legal challenge would either be made on constitutional grounds before the High Court, or on administrative law grounds before the Federal Court, law experts Professor Anne Twomey and Professor George Williams both suggested.
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Bring them home: both the law and moral duty demand we donât leave Australians stranded in India
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Opinion
Bring them home: both the law and moral duty demand we donât leave Australians stranded in India
By Regina Jefferies and Jane McAdam
April 28, 2021 â 2.17pm
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The Australian governmentâs hardline response to its citizens, permanent residents and their families stranded in India during a massive escalation in COVID-19 cases stands in stark contrast to its determination to help those abroad early in the pandemic.