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US anti-abortion activist Troy Newman in court bid to stay in Australia US anti-abortion activist Troy Newman in court bid to stay in Australia
(35 minutes later)
Lawyers for Troy Newman have filed an application for an urgent injunction with the high court of Australia in a bid to stop the US anti-abortion campaigner from being thrown out of the country.Lawyers for Troy Newman have filed an application for an urgent injunction with the high court of Australia in a bid to stop the US anti-abortion campaigner from being thrown out of the country.
Newman, also known as Troy Newman-Mariotti, had his visa cancelled by the immigration minister, Peter Dutton, on Tuesday, after it emerged he has previously called for the killing of abortion doctors in a book released in 2000.Newman, also known as Troy Newman-Mariotti, had his visa cancelled by the immigration minister, Peter Dutton, on Tuesday, after it emerged he has previously called for the killing of abortion doctors in a book released in 2000.
Related: Cancel visa of activist who called for abortion doctors to be killed, Labor saysRelated: Cancel visa of activist who called for abortion doctors to be killed, Labor says
Despite the ban, Newman flew to Australia without a valid visa, arriving in Melbourne on Thursday morning. He was detained by Australian Border Force staff.Despite the ban, Newman flew to Australia without a valid visa, arriving in Melbourne on Thursday morning. He was detained by Australian Border Force staff.
“Since Mr Newman-Mariotti does not hold a visa, he is unable to enter Australia and remains in the presence of Australian border force officials at the Melbourne airport pending his removal,” a spokeswoman for Dutton said.“Since Mr Newman-Mariotti does not hold a visa, he is unable to enter Australia and remains in the presence of Australian border force officials at the Melbourne airport pending his removal,” a spokeswoman for Dutton said.
On Thursday afternoon, Newman’s lawyers, Clothier, Anderson and Associates, filed the urgent application with the high court. Earlier in the day, they had sought an injunction from the federal court in Melbourne, but pulled out before the application was heard. That application sought for the government to be restrained in denying Newman entry to Australia.On Thursday afternoon, Newman’s lawyers, Clothier, Anderson and Associates, filed the urgent application with the high court. Earlier in the day, they had sought an injunction from the federal court in Melbourne, but pulled out before the application was heard. That application sought for the government to be restrained in denying Newman entry to Australia.
Related: US anti-abortion campaigner denied visa for Australia after Labor's interventionRelated: US anti-abortion campaigner denied visa for Australia after Labor's intervention
The lawyers claimed that Dutton’s decision to cancel Newman’s visa was unreasonable.
Dutton made the decision under section 128 of the Migration act, which gives the immigration minister the power to cancel visas before a non-citizen is in the country. The minister has grounds to cancel a visa if he or she holds fears for community safety and good order, or if they are concerned that the applicant would vilify a certain group of people.
Newman was due to embark on a 10-day, five city tour, starting in Melbourne on Friday. He had been invited to the country by anti-abortion group, Right to Life Australia.Newman was due to embark on a 10-day, five city tour, starting in Melbourne on Friday. He had been invited to the country by anti-abortion group, Right to Life Australia.
Their national president, Margaret Tighe, told Guardian Australia on Wednesday that the group is “working as hard as we can to make sure his visa is reinstated”.Their national president, Margaret Tighe, told Guardian Australia on Wednesday that the group is “working as hard as we can to make sure his visa is reinstated”.
It is believed that Newman took boarded an overnight United Airlines flight from Los Angeles to Melbourne, arriving in Australia just before 7am. Guardian Australia has contacted United Airlines for comment.It is believed that Newman took boarded an overnight United Airlines flight from Los Angeles to Melbourne, arriving in Australia just before 7am. Guardian Australia has contacted United Airlines for comment.
“The airline faces a fine for carriage of a person who does not have a valid visa,” Dutton’s spokeswoman said in a statement, without specifying what airline.“The airline faces a fine for carriage of a person who does not have a valid visa,” Dutton’s spokeswoman said in a statement, without specifying what airline.
It is unclear how Newman entered the country, as a previous Facebook post and footage posted on YouTube showed him being stopped at Denver airport because he did not have a valid visa for his onward flight from Los Angeles.
Newman’s anti-abortion group, Operation Rescue, urged supporters on Twitter on Thursday to write to Dutton demanding Newman’s release.
Newman Detained in Australia Pending Deportation. Demand his release here minister@border.gov.au http://t.co/ul0S7tXYgD #FreeTroyNewman
Labor’s Terri Butler, who wrote a letter to Dutton urging him to cancel Newman’s visa in the first place, told Guardian Australia that it was “disingenuous” for anti-abortion advocates to say Newman had been silenced by the Australian government’s decision to cancel his visa. She pointed to their large social media presence as a “loud platform” for them to voice their views.
She said Newman’s call to kill abortion doctors was “extreme” and would not resonate in Australia.
“That type of extremism might fly in the US, but not here in Australia,” Butler said.
The decision to axe Newman’s visa comes just days after Dutton issued a notice to reject rapper Chris Brown’s visa on character grounds.
Brown was convicted of the 2009 assault of his then girlfriend, pop star Rihanna, and has toured Australia twice since. He was due to tour Australia again in December.
He has 28 days in which to show notice why he should be allowed into Australia, and his management team is confident that he will be able to tour as planned.