Australia has banned all direct flights from India and made it a criminal offence for Australian citizens to return home, with potentially up to five years’ imprisonment and more than $60,000 in fines for those who a find a way back through indirect routes. A legal case challenging that measure is expected to be filed imminently despite Australian federal health minister, Greg Hunt, saying it was his “absolute belief” that the ban is lawful.

Human rights groups say it makes a mockery of citizenship and human rights.

“This is an outrageous response. Australians have a right of return to their own country,” said Human Rights Watch’s Australia director, Elaine Pearson.

“The government should be looking for ways to safely quarantine Australians returning from India, instead of focusing their efforts on prison sentences and harsh punishments.”

There are an estimated 9,000 Australians stranded in India.

“The government does not make these decisions lightly. However, it is critical the integrity of the Australian public health and quarantine systems is protected,” said Hunt.

The government said it will reconsider the restrictions on 15 May.

Hugh de Kretser, the executive director of the Human Rights Law Centre, said the centre had been contacted directly by people in India interested in a case.

He noted that the fact the ban could expire before a legal case is mounted – and certainly before any case is finalised – was not necessarily a reason to abandon a challenge.

Aside from potential challenges on administrative and constitutional grounds, the ban could fail because it breaches Australia’s obligations under international law.

On Saturday, India recorded a massive 400,000 new cases