If you'd like to watch the Federal Court challenge to the India travel ban, starting at noon, the court has provided the link in the court list (the matter is called Gary Newman v Minister for Health) https://www.fedcourt.gov.au/court-calendar/daily-court-lists/nsw

Dr Christopher Ward, SC, is acting for Gary Newman, a 73-year-old Australian citizen in Bangalore, India. Dr Ward says "it appears to be accepted [by the Commonwealth] that there is an existing fundamental common law right of re-entry and abode".

Dr Ward says that common law right "may co-exist as a constitutional implication" but the constitutional part of this case isn't being argued today (as the case could be decided on narrower bases).

Dr Ward says that while previous covid restrictions may have made it difficult for citizens to return home they were "quite different" to criminalising the right of return of a citizen.

Dr Ward says "it cannot be" right that section 477(1) of the Biosecurity Act (see here: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s477.html) is expressed clearly enough that the Health Minister was empowered to abrogate the fundamental common law right of citizens to return home.

His argument is that the principle of legality requires the "clearest possible words" to be used if such rights are being abrogated, and he says the Biosecurity Act doesn't include words of that kind. We're expecting the Commonwealth to say the words are clear.

If you want to know more about the argument at the heart of the travel ban case, I have written the background here: https://www.smh.com.au/national/australia-s-india-travel-ban-challenge-to-be-heard-within-days-20210506-p57pdm.html