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djokovic (government abuse of discretionary power) litigation, page-8

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raiderup

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28/01/22

19:43

Post #: 59201621
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Originally posted by david25: ↑

When there is a discretionary power there is common law duty that its not abused and exercised in good faith.

https://www.fedcourt.gov.au/digital-law-library/judges-speeches/justice-greenwood/20170427
Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252A failure to fulfil the condition governing the exercise of the power means that the decision is not “authorised” by the statute and is thus invalid[35], as an excess of power.

Basically Djokovic can sue for abuse of power.
1 Abuse of discretionary power based on the governments reasons for rejection.
2. Not exercised in good faith and excessive.
3. Discriminatory as others have been given more freedom under same the conditions
4 The level of freedom in Australia was expanded which made any fears or assertion trifling
5. The facts dont support the ministers decision and in violation of ordinary freedom of speech.

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" 3. Discriminatory as others have been given more freedom under same the conditions"

Other tennis players not vaccinated, were deported, so that clause is a non starter.

Raider
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