Novak Djokovic awaits Australia visa ruling after lawyers debate his vaccination views

Novak Djokovic awaits Australia visa ruling after lawyers debate his vaccination views

Novak Djokovic, Law (Australia)

1/16/2022 8:42:00 AM

Novak Djokovic awaits Australia visa ruling after lawyers debate his vaccination views

Federal court expected to rule on Serbian tennis player’s appeal against his visa cancellation later on Sunday

about backlash in the wake of that decision, later overturned by the federal circuit court.“It was irrational, illogical or unreasonable for the minister to fail to consider the influence of Mr Djokovic’s removal on anti-vaccination sentiment,” they submitted.

Djokovic’s lawyers warned Hawke was not entitled to cancel Djokovic’s visa based on an “evidence-free figment of his imagination” about unrest if he stayed without considering the reverse.But chief justice James Allsop interrupted Djokovic’s barrister, Nicholas Wood, to note that use of the term “evidence” could “mislead” because the decision-maker is also entitled to use their “perception and common-sense”.

Read more: The Guardian »

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Positive Covid test was falsified. I have 2 controversial, truthful statements. Novak is such an elite athlete (top .001%) that he could argue exemption to maintain perfection. On the other hand, he weirdly lied apparently so he’s out. Hopefully not a political statement. Djokovich Send him home! Djokovich DjokovicOut DjokovicGoHome BOYCOTT Lacoste - LACOSTE now official sponsor of ANTI VACCINE sentiment. Wonder what France has to say about this one. Hublot now also official sponsor of breaking the rules of law. GameOver AustralianOpen Tennis

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Australia live news update: Novak Djokovic fights to overturn visa cancellation in federal courtSerbian tennis star’s challenge to immigration minister Alex Hawke’s decision to deport him will be heard by the federal court at 9.30am AEDT. Follow all the day’s news here

What a liberal joke….. What a mess, knowing that no country would take people with no jab's Novak Djokovic did it his way and is now the biggest mess of all times and on very serious times. What a shame! Because Novak Djokovic wants it to be his way! Incredible. Every player should demand his release or leave themselves. Just excessive extremism by the Aussies. Seems like Communist China level abuse.

We are all praying for Novak He needs to go home, cargo plane please 🙏 Paul_Karp Quite a lot of tweets saying that the Djokovic situation is as big as the Lance Armstrong story. It prompted me to consider whether Scotty is a bit like a political version of Lance Armstrong. He would be, except Morrison has no inherent talent for public service at all.

Novak is a danger to Australia. Our hospitals are on the brink of collapse and this Image of a male in absolute peak physical condition will set us over the edge. if they let him stay and play, this sets a VERY DANGEROUS precedence for future situations and also the reactions from Australians as to being told to vaccinate.

You mean, 'No Vax Joke A Shit'? Hope they ship him out of country Monday

Novak Djokovic launches last-ditch appeal to stay in Australia Novak Djokovic is taking urgent legal action against the Australian Government after he had his visa cancelled for a second time, setting the stage for him to be deported. So he choses not to inject himself with an experimental gene therapy. Good for him. His body, his choice We live in a simulation. The dudes name is Novaxx

Talk about beating a dead horse. Just send Precious home and let's move on. Now he wears a mask 🙄 Both Mill and Kant would have chastised Djokovic

Novak Djokovic to be detained as Australia visa cancelled againThe saga over whether Novak Djokovic will play in the Australian Open has taken yet another twist, after he had his visa cancelled for the second time over Covid-19 entry regulations. _JordanJBryan reports. _JordanJBryan Good. Get him out of there. If he was Fred Boggis, plumber from Croydon, he would be back in Croydon by now. Or possibly in jail for lying to immigration. _JordanJBryan Really who cares?

Novak Djokovic Faces Deportation After Australia Cancels His Visa AgainAustralian authorities cancelled Novak Djokovic ’s visa for a second time on Friday, all but ending a dramatic saga over whether the unvaccinated world no. 1 men’s tennis player could compete in the Australian Open 👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻 Well done Australia AustralianOpen2022 Very excellent.

Novak Djokovic returns to court to hear fate of Australian visa | ITV NewsThe tennis star's legal battle moved to the Federal Court of Australia on Sunday as his lawyers appealed the second cancellation of his visa. | ITV National News Is it me or as Djokovic got a ‘Squid Game’ tracksuit on....? Send 👏 him 👏 home. DeportDjokovic Kick him out

Novak Djokovic detained again as deportation appeal moves to higher court | ITV NewsThe tennis star's legal battle moved to the Federal Court of Australia on Saturday as his lawyers appealed the second cancellation of his visa. | ITV National News DjokerNole Just go home DjokerNole He's won't back down 👍 DjokerNole His visa is like a boomerang

BBC World story about backlash in the wake of that decision, later overturned by the federal circuit court. “It was irrational, illogical or unreasonable for the minister to fail to consider the influence of Mr Djokovic’s removal on anti-vaccination sentiment,” they submitted. Djokovic’s lawyers warned Hawke was not entitled to cancel Djokovic’s visa based on an “evidence-free figment of his imagination” about unrest if he stayed without considering the reverse. But chief justice James Allsop interrupted Djokovic’s barrister, Nicholas Wood, to note that use of the term “evidence” could “mislead” because the decision-maker is also entitled to use their “perception and common-sense”. Allsop later remarked that “common-sense and intuition” would suggest that “if Mr Djokovic won the Open – there’s an example, embedded in the minister’s reasons - for young and not so young fans of tennis”. Allsop also suggested the immigration minister might have been “alive to” problems in the future if he did cancel Djokovic’s visa without “finely balancing” the detriments. Djokovic’s lawyers disputed claims the tennis star is an anti-vaxxer, arguing this was based on one statement in April 2020 “well before Covid vaccines were available”. Djokovic later clarified his view when he said he was “no expert”, would keep an “open mind” but wanted to have “an option to choose what’s best for my body”, they said. “There was no evidence before the minister that Mr Djokovic has ever urged any others not to be vaccinated. Indeed, if anything, Mr Djokovic’s conduct over time reveals a zealous protection of his own privacy rather than any advocacy.” Hawke’s counsel, Stephen Lloyd, responded at the hearing that the minister was entitled to infer that Djokovic “could have been vaccinated if he had wanted to be”. In court documents also released on Sunday morning, Hawke submitted there was “insufficient basis for the court to make the finding” that he failed to consider unrest in the event Djokovic was deported, and that the onus lay with Djokovic to prove he hadn’t done so. They submitted that in his decision the minister noted support in Australia and abroad for Djokovic to stay, the risk to Australia’s global reputation, the risk to hosting the Australian Open and “the appearance of politically motivated decision-making”. This showed the minister had adequately considered the consequences of removing Djokovic, they submitted. Allsop asked how the court should decide if it was “plain to anyone with common-sense that cancelling the visa would cause overwhelming public discord and risks of transmission through very large public gatherings”. Lloyd replied that this would lead to the “surprising notion” that Australia could not exercise its sovereignty by deporting someone “because the cancellation might lead to adverse consequences”. Lloyd argued Australia “must not be bound to suffer the presence of an alien for fear of what might happen if they were removed”. “The minister was obviously aware his decision will result in some level of further unrest, but he was principally concerned that Mr Djokovic’s presence would encourage people to emulate his position, putting the health of Australians at risk,” Lloyd said. Lloyd said given the minister was aware of “the broad possibility of unrest, whatever his decision” – citing demonstrations after the first cancellation – it was “impossible to infer” Hawke hadn’t considered the risk of a second cancellation. Even if Hawke didn’t consider the risk of anti-vaxx sentiment if Djokovic was deported, the minister argued that didn’t make his decision illogical, irrational or unreasonable, and it was not a material error. Djokovic’s amended submissions criticised Hawke for not making “the obvious, critical and easy inquiry of Mr Djokovic as to what his sentiment [about vaccination] in fact was”. Hawke responded that this exercise would have made no difference, questioning “what Mr Djokovic could have said to the minister in response”. It argued this “would not have altered the fact of his previous public statements and the views of those in the Australian community as to what his views on vaccination were”. Sunday’s hearing began with a statement from Chief Justice James Allsop explaining while appeal is possible from a single judge, no appeal will be possible from the full court. Topics