After attempting to argue that former prime minister Scott Morrison’s covert appointment to many ministry positions should shield him from expulsion from Australia, the Afghan man will be deported.
In order to contest Karen Andrews’ decision to revoke the man’s visa in December 2021, he filed a lawsuit with the Federal Court.
He contended that because Morrison had assumed her current position six months prior to Andrews’ decision, she wasn’t the appropriate minister at the time.
But on Wednesday, Justice John Snaden of the Federal Court rejected that claim.
He claimed that the fact that Morrison and other individuals had been nominated to various ministries secretly, or at the very least without the public or parliamentary oversight, was a subject of notoriety.
He claimed that in 2021, Ben Morton and he were both sworn in simultaneously with Andrews as the home affairs minister.
The man claimed that because only one person may work in the same workplace at once, Andrews had no authority when his partner visa was revoked on character grounds by her.
But the judge pointed out that the High Court justices have already stated that it is not unconstitutional to designate more than one person to a ministry.
There is no constitutional requirement to conclude that Andrews’ tenure ended when Morrison or Morton were appointed to the position of Minister for Home Affairs, according to Justice Snaden.
He refused to acknowledge that Andrews lacked the authority to terminate the visa at the time she did so.
A potential candidate for the leadership of the Liberal Party has been identified as Karen Andrews.
The Afghan individual also said that Morrison’s appointment to the position was unknown to Andrews or the department secretary.
According to Justice Snaden, there was neither sufficient evidence nor a solid foundation for inferring that they were unaware.
According to Andrews, an invitation to admit that neither party was aware of Morrison’s appointment was denied.
Justice Snaden ruled that it was not necessary for the minister to be aware of or even take into account the possibility that others also had the same authority.
As a result of his covert selections to several cabinet positions, Morrison became the first former prime minister to receive a reprimand from the legislature.
The House of Representatives approved a motion of censure 86 to 50.
Andrews did not participate in the vote even though she had called on Morrison to leave the legislature.
