Posted on 01/14/2022 6:10:07 PM PST by GregH
Lawyers for Novak Djokovic say the Immigration Minister has erroneously cancelled his visa on the grounds the tennis star is seen as a "talisman of a community of anti-vaccine sentiment".
Key points: The Federal Court will hear Novak Djokovic's appeal against his visa cancellation on Sunday morning Lawyers for Djokovic have argued the Immigration Minister's cancellation of the tennis star's visa was legally invalid
They say the minister also failed to consider the impact the saga would have on anti-vaccine sentiment in the community
In an application lodged with the Federal Circuit Court last night, and released online by the Federal Court today, Djokovic's lawyers argue the visa cancellation is legally invalid.
They are disputing Immigration Minister Alex Hawke's decision to cancel the visa on the grounds that Djokovic's "presence in Australia may cause an increase in anti-vaccination sentiment, in effect because he may be perceived by some as a talisman of a community of anti-vaccine sentiment, leading to various negative consequences".
Mr Hawke's reasons for the decision, emailed to Djokovic's lawyers last night and published by the court this morning, say his presence in Australia poses a health risk because it could encourage fewer people to get vaccinated and boosted.
(Excerpt) Read more at abc.net.au ...
We need a worldwide revolution against this evil.
He is going to be the most distracted tennis star in a tournament since Guy Haines in “Strangers on a Train”.
Aufulstralia.
Well, we can’t have that! Someone speaking against the official, government propagated narrative! The science is settled! And anyone who disagrees must be canceled! And deported! Just like here! To question fau-Xi is to question science!
australia follows us down the crapper. Or maybe we’re following them. Doesn’t matter, it does credit to neither nation, nor any of the fallen West, no matter who followed whom.
A talisman…My earliest memories are of telling my mother how I would someday grow up to be a talisman
𝘈𝘶𝘧𝘶𝘭𝘴𝘵𝘳𝘢𝘭𝘪𝘢.
I was thinking more Auschstralia.
Yes. The worldwide Left has to go, starting with latter-day Nazis like Schwab and Soros and the old “activists” of the ‘60s and ‘70s who now hold sway in so many governments.
These obsessed lunatics are waging war against the entire planet.
The Australia public have been led to falsely believe that the unvaxed are risk to public health and covid carriets.
The sight of a fit and healthy Djokovic playing in the AU open runs contrary to the Govt narrative about the unvaccinated and hence the minister cancelled the visa.
Roughly half the US believes the propaganda, too.
indeed. it was never about the medical exemption and the rest of the nonsense being spouted by FakeNewsMSM and the brainwashed public they influence.
it was ONLY about crushing someone perceived to be ANTI-VAX.
15 Jan: The Age, Melbourne: LIVE: Federal Court to hear Novak Djokovic appeal after Immigration Minister cancels tennis star’s visa ahead of 2022 Australian Open
by Paul Pennay
10.59am
Government’s radical reframing of its case against Djokovic
By Chip Le Grand
The Australian government says the presence of Novak Djokovic throughout the two weeks of the Australian Open may put lives and civil order at risk ***by increasing anti-vax sentiment*** and disregard for COVID-19 rules.
In a radical reframing of the case against the Serbian tennis star, Immigration Minister Alex Hawke concedes the unvaccinated Djokovic entered Australia with a valid medical exemption and poses a low risk of contracting the virus while in Australia and passing it on to others due to his recent infection.
The furious debate that had engulfed Djokovic for the past 10 days – whether a recent bout of COVID-19 provided him with a genuine exemption to travel to Australia without being vaccinated – has been abandoned by the government without Mr Hawke even reading Djokovic’s extensive submissions on the question...
https://www.theage.com.au/sport/tennis/live-federal-court-to-hear-novak-djokovic-appeal-after-immigration-minister-cancels-tennis-star-s-visa-ahead-of-2022-australian-open-20220115-p59ofk.html
not sure if the Govt got its way to have only one judge, but it has been suggested if Djok’s lawyers don’t get the 3 judges they have asked for, it will be to the Govt’s advantage:
The Federal Court has just adjourned a short hearing in which parties for both Novak Djokovic and Immigration Minister Alex Hawke discussed procedural matters about how the challenge to the visa cancellation will go ahead this weekend.
All parties agreed to the hearing going ahead tomorrow at 9.30am (Australian Eastern Daylight Time).
The hearing was fairly administrative, with the only dispute between the parties being whether Mr Novak’s case is heard by a single judge of the court tomorrow, or the full court of three judges.
***If the case is heard by the full court, the Minister Mr Hawke will have no avenue to appeal any decision made.
Justice David O’Callaghan has advised he will make a decision on that matter today...
“he is influencing anti vax sentiments.”
Says WHO?
Really. Says who?
This is Salem Witch Trial stuff.
15 Jan: The Age, Melbourne: Australia declares Djokovic a risk to civil order and public health
By Chip Le Grand
The Australian government says the presence of Novak Djokovic throughout the two weeks of the Australian Open may put lives and civil order at risk ***by increasing anti-vax sentiment and disregard for COVID-19 rules...
The furious debate that had engulfed Djokovic for the past 10 days – whether a recent bout of COVID-19 provided him with a genuine exemption to travel to Australia without being vaccinated – has been abandoned by the government without (Immigration Minister) Mr Hawke even reading Djokovic’s extensive submissions on the question...
The minister describes Djokovic as a “high profile unvaccinated individual” who has publicly indicated his opposition to getting the jab and demonstrated an “apparent disregard” for basic COVID rules such as isolating after a positive test...
Explaining how a 34-year-old visiting tennis player could be a risk to public order, Mr Hawke argues that when case numbers are rising in Australia due to the spread of the Omicron variant, influential persons and role models who show a disregard for public health measures have the potential to undermine the pandemic response of federal, state and territory governments...
“Mr Djokovic is such a person of influence and status. Having regard to the matters set out above regarding Mr Djokovic’s conduct after receiving a positive COVID-19 result, his publicly stated views, as well as his un-vaccinated status, I consider that his ongoing presence in Australia may encourage other people to disregard or act inconsistently with public health advice and polices in Australia.
***“In addition, I consider that Mr Djokovic’s ongoing presence in Australia may lead to an increase in anti-vaccination sentiment generated in the Australian community, potentially leading to an increase in civil unrest of the kind previously experienced in Australia with rallies and protests which may themselves be a source of community transmission.”...
The broad charge is that Djokovic, so long as he remains in Melbourne, could become the pin-up boy for a hard-core anti-vax movement that has already staged mass rallies in capital cities and infiltrated the union movement and political parties on the fringe of national affairs. This in turn could lead to a breakdown in observance of public health rules and more illness from COVID, hospital admissions and ultimately, deaths.
Yet, in the same document, the minister acknowledged that Djokovic has not attempted to break any Australian laws and was a “person of good standing” known for his philanthropy.
Counsel for Djokovic, Nicholas Wood, SC, during a preliminary hearing before Federal Circuit Court Judge Anthony Kelly late on Friday night, described the minister’s reasons as “starkly different” from those cited by border officials at Melbourne Airport when they initially cancelled Djokovic’s visa and placed him into immigration detention.
“What the minister does is in substance to assume in Mr Djokovic’s favour every single fact that might have been an issue previously,” Mr Wood said. “The minister finds and assumes that Mr Djokovic has in respect complied with the law.”
Mr Wood said the flaw in the minister’s approach was that, in considering whether Djokovic’s ongoing presence in Melbourne will stir up anti-vax sentiment, he gave no consideration to what deporting Djokovic will do.
He submitted that the implications of deportation would be profound for Djokovic.
“Cancellation leads to the forcible, mandatory removal of this man of good standing who has a medical contraindication to a vaccine, who has complied with law, who poses a negligible risk to others, being forced out of Australia and being subjected to provisions in the act and regulation that would then preclude him from coming back to Australia for the next three years subject to the possibility of a waiver being exercised.”
Counsel for the federal Immigration Department, Stephen Lloyd SC, agreed that the case Judge Kelly decided at the start of the week bore no relation to the matters now before the court.
The minister’s full reasons for moving against Djokovic remain tightly held. Once they become widely known, the reaction among his supporters both here and in Serbia is likely to be febrile...
Djokovic is back in detention today, his meetings with lawyers shadowed by two Border Force guards. Whether he can again walk freely in Australia for the forseeable future — much less play tennis here — will be determined by a Federal Court hearing on Sunday.
https://www.theage.com.au/sport/australia-declares-djokovic-a-risk-to-civil-order-and-public-health-20220114-p59oex.html
Anti-vax sentiments!??
How can that even be proven or pass any legal muster?
Is Fauci advising this “minister”?
I don’t believe the unvaxed pose a risk to the public. In fact, since most the public is vaccinated in Oz, how could the unvaxed be a hazard? However, I do note that the USA Federal Government, CDC, Biden, etc. are saying that the unvaxed pose a risk to the USA public and that the mandates you have the USA and Canada are worse, overall, than in Australia.
Let us know when you start it in the USA.
7 Jan: Sports Illustrated: France Sports Minister Has Already Made Decision on Novak Djokovic, French Open
by MADELINE COLEMAN
France’s sports minister said on Friday that Novak Djokovic can play in this year’s French Open, even if he is not vaccinated for COVID-19...
However, Australian Home Affairs Minister Karen Andrews recently told reporters that the tennis star “is free to leave at any time that he chooses to do so and Border Force will actually facilitate that.”
His father, Srdjan, says otherwise, speaking out in Serbian capital Belgrade per Sky Sports.
“He’s not in detention, he’s in prison,” he continued. “They took all of his stuff, even his wallet. They left him with just a phone and no change of clothes, nowhere to wash his face. He’s in prison, our pride is a prisoner of these idiots.”...
(France’s) Sports minister Roxana Mărăcineanu said that the International Tennis Federation protocols for major events meant unvaccinated individuals could compete in the Roland-Garros. Per Reuters, the country does not prevent unvaccinated people from entering the country; however, there are stricter protocols compared to those for vaccinated individuals...
https://www.si.com/tennis/2022/01/07/novak-djokovic-allowed-french-open-france-sports-minister-australian-open-medical-exemption
His lawyers said that.
It is just his lawyers saying that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.