Due process isn't limited to criminal cases. Applies to immigration cases too. Look it up if you don't believe me. Anytime you cross a border you are dealing with immigration law, even if entering on a tourist visa.
Wikipedia tells me Alexander George Hawke is an Australian Liberal Party politician serving as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs since December 2020, and has served as Member of Parliament (MP) for Mitchell since 2007. He IS a politician and he is appointed to his immigration position.
You are comparing someone who doesn't want to get the vaccine with an athlete who used performance enhancing drugs to cheat?
I think you may be right that Alex has discretion to impose the 3 year ban or not. I have read conflicting articles on that part.
I am curious if ever, in the history of Australia, has the Minister of Immigration used their power under Section 133c(3) of the Migration Act to give someone the boot even though the court rules they could stay? My guess is that, if they chose to do so here, it would be the first time ever.
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