COVID-19 and Tennis

According to the Guardian


While Novak stans were celebrating his release from detention, the government’s lawyer dropped the fact that the immigration minister will consider using a separate power to cancel his visa.

Under that power, in section 133C(3) of the Migration Act, Alex Hawke would have to be satisfied:

  1. That a ground exists to cancel the visa - in this case the purported threat to public health because he is unvaccinated;
  2. The visa-holder “does not satisfy the minister that the ground does not exist”; and
  3. That it would be in the public interest to cancel the visa.
That decision is not subject to the rules of natural justice. Yes, Australian immigration law really is this harsh.
 
MARTINE said:
If he gets to any of my ticketed games including final I refuse to go. It’s disgusting TA attempted to support players in this farce by the ‘ATAGI defence’. Shameful…
if not for vaccination there would be no Aus Open.
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Go. And show your displeasure. Barrack heartily for whomever he is playing. Release some anger energy.
 
HappyFlyerFamily said:
If that happens, it could end up back in court because Djokovic would face being banned from Australia for three years if the minister decides to cancel the visa
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Which would be a brilliant outcome, we dont need any anti-vax conspiracy theorists promoting an anti scientifc agenda being given a platform.

I hope Alex Hawke has a backbone and boots Novak out of the country.

Funny most people seem to think Novak's Dec infection is fake, when i collected my coffee this arvo the baristas were saying wouldnt it be awesome if he had lied, and actually gets Covid in Melbourne and cant play afterall, exposing the lie.
 
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HappyFlyerFamily said:
Not sure its swayed that much - more like incompetent public service stuffing up procedure, judge never got to judge the case.
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Your opinion differs to mine. However the government is starting to look petty. The minister is responsible for the public servants in their agencies.
 
HappyFlyerFamily said:
I've not seen this reference elsewhere...🤔
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Neither, where has that been noted? I was of the thought that power has no limit to non citizens.

He is gone anyway, if he and his legal team have any brains they'll just cop it, accept if he doesn't leave he's getting thrown out and come back next year. Or not and face the music.

No individual has the right to flout our laws and while ABF have procedurally mucked up it doesn't change my opinion.
 
My 2c. Djokovic should have been vaccinated to come to Australia. However, what has transpired since his arrival in Melbourne is shocking and unprecedented abuse of power by Border Force (I'm sure the Head has been pressured by the relevant Minister!). The Federal judge has ruled. i don't believe the Immigation minisiter (aka as ScoMo in the background) has the guts to use his power to revoke Djokovic's Visa to deport and exclude him from Australia for 3 years....that would immediately be appealed anyway. The diplomatic and public backlash from some parts of the community will be too much for the government in a federal election year.... no I won't be watching Djokovic play at the Open.

That it would be in the public interest to cancel the visa.
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It is not in ScoMo's re-election chances and interest to cancel the visa!
 
dairyfloss said:
At this stage, and as much as I would love for the Djoker to be excluded for 3 years, I think the pleasure of watching him get booed wherever he goes for 3 weeks, including throughout every match and interview at the Open, is almost as joyous
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My heart wants to see that but my head says then we are no better than him.
 
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Have a thought for the other tennis players that got their visas cancelled 'fairly' - doubt they will find breakdown in procedure.
 
It seems, to me, the decision was based on procedural failings and not on the actual compliance with the visa conditions. I still believe he should not be allowed in un-vaccinated. I have a daughter currently with covid who has been stuck o/s the past 22 months, and this big-mouth can just waltz in without having to comply with visa requirements.
 
According to Guardian

The court has also released more documents relating to the case, which can be found here.

It includes the transcript of Djokovic’s interview with Border Force last week.

In the interview, Djokovic confirmed he has had Covid-19 twice, and is not vaccinated.

INTERVIEWER: Thank you. So when I ask you what were your reasons for travelling to Australia today?
DJOKOVIC: I’m a professional tennis player and the main reason for me coming to Australia is participating in the Australian Open in Melbourne, Victoria.
INTERVIEWER: Thank you. Now question regarding your vaccination, are you vaccinated - - -
DJOKOVIC: I am not vaccinated.
INTERVIEWER: - - - for COVID-19? Not vaccinated?
DJOKOVIC: I am not vaccinated.
INTERVIEWER: Thank you. Have you ever had COVID?
DJOKOVIC: Yes.
INTERVIEWER: So when did you?
DJOKOVIC: I had COVID twice, I had COVID in June 2020 and I had COVID recently in – I was tested positive – PCR –16th of December 2021.
Click to expand...
 
HappyFlyerFamily said:
According to the Guardian


While Novak stans were celebrating his release from detention, the government’s lawyer dropped the fact that the immigration minister will consider using a separate power to cancel his visa.

Under that power, in section 133C(3) of the Migration Act, Alex Hawke would have to be satisfied:

  1. That a ground exists to cancel the visa - in this case the purported threat to public health because he is unvaccinated;
  2. The visa-holder “does not satisfy the minister that the ground does not exist”; and
  3. That it would be in the public interest to cancel the visa.
That decision is not subject to the rules of natural justice. Yes, Australian immigration law really is this harsh.
Click to expand...
Hmmm - if the four hour rule applies, when does the visa-holder get a chance to satisfy the minister that the ground doesn't exist.

I'm sure someone will find a way to stuff this up somehow?!?! 🤦‍♀️🤦‍♂️

Edit: Mr Djokovic's lawyer, please give us until 9:20pm to respond.
 
I just hope TA are as diligent in their refund policy for cancellations due to symptoms, isolation ,test pos etc affecting going to the open. Or will they insist on the level of medical specialist input that applied to Novax
PS = irony alert.
I fear the threshold test will be even higher but I know which law firm to call😂😂😂
 
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