The India Travel Ban

Carla Velasquez • May 6, 2021

The Federal Court Hears Challenge to India Ban

The Federal Health Minister Greg Hunt announced early on Saturday 1 May 2021 that a temporary pause had been enacted from 12.01am on Monday 3 May 2021 for  Australian Citizens travelling back from India and entering Australian territory if they had been in India within 14 days of their arrival date in Australia. 

The pause follows a meeting by the National Cabinet on 30th April 2021 about the worsening COVID-19 situation in India. Failure to comply with the emergency determination under the Biosecurity Act 2015 may incur a civil penalty of $33,000, five years imprisonment or both.
 
The Federal Court is hearing a challenge to the India flight ban, which is currently in force currently prevents Australian Citizens stranded in India from flying back to Australia. 

A Melbourne man who is currently stranded in India is challenging the government’s decision, arguing the emergency declaration under the Biosecurity Act 2015 (Cth) is invalid on constitutional grounds. 

Justice Stephen Burley is hearing the proceedings, which have been expedited. 

The temporary ban is being reconsidered by National Cabinet on 15 May 2021. The full media release is linked HERE.