Lawyers believe the travel ban preventing Australians in India from returning home could be subject to legal challenges.

Until at least May 15, a travel ban will be enforced and Australians stuck in India who breach the rules could face up to five years in jail and a $66,000 fine.

The government says the decision has been made on medical advice under the Biosecurity Act, as the country struggles to contain a major COVID-19 outbreak.

Managing partner of Marque Lawyers, Michael Bradley, told 6PR’s Liam Bartlett the rule could easily be subject to legal challenges.

“There are some constitutional issues about whether the Minister and government has the power at all to make this kind of rule,” he said.

“I think most Australians would be really surprised to learn what the Biosecurity Act says.

“Australia is a signatory to a convention on civil and political rights which explicitly gives everyone the right to return home, clearly we are in breach of that.”

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