COVID-19 and Tennis

[MARTINE]

I think its dangerous to label it deliberate. Definitely a mistake, but cannot show yet deliberate.

Not a lawyer but probably negligent?!?! Letter there is black and white, but not given is subsequent info given to players.

I do wonder what caused the misinformation to occur. As someone has suggested perhaps confusion as to the purpose of the exemption (to play) v exemption (to enter).

Back to the same - is ignorance a defence?
You’ll never get into another country based on misunderstood advice.
Civil action against TA - now that is a different matter but what is his contractual arrangement with them. ?

 

[Lynda2475]

Do people think a 'practical' defence might work with this judge to get Djokovic into Australia to play?

It shouldnt be because this isnt about Covid threat anymore but the flagrant disregard for border entry criteria by both the unvaccinated players and TA in trying to circumvent the official advice, hoping that once here the Feds will cave.

Most aussies are well and truely fed up with special exemptions for sports brats (and so called celebrities) whilst average aussies continue to have hurdles to get home or travel to see loved ones (even domestically).

If TA goes bust and Austalia loses the Open so be it. It shouldnt have gone ahead last year and entitled DYKWIAs who are unwilling to get vaccinated can stay away permanently.

We can find other events to fill the revenue void, far too much support given to sport when the arts return more benefit per government $ given, yet get screwed over because old white men prefer cricket, footy and tennis *yawn*

 

[jase05]

I think its dangerous to label it deliberate. Definitely a mistake, but cannot show yet deliberate.

Not a lawyer but probably negligent?!?! Letter there is black and white, but not given is subsequent info given to players.

I do wonder what caused the misinformation to occur. As someone has suggested perhaps confusion as to the purpose of the exemption (to play) v exemption (to enter).

Doubtful. Hasn’t the Czech player also about to be deported already been here for over a week and played in a warm up tournament?

 

[HappyFlyerFamily]

Back to the same - is ignorance a defence?
You’ll never get into another country based on misunderstood advice.
Civil action against TA - now that is a different matter but what is his contractual arrangement with them. ?

Aren't there laws that must be strictly followed (traffic offence - if caught there is usually no excuse) and laws that are good to follow (murder - if provoked there is a defence)?

 

[Lynda2475]

Another thing is if 14 days is waited out, could the judge then say the quarantine period is waited out and allow Djokovic in. Tennis Australia could accommodate by making his first round match on day 15 (a Thursday?!?!).

That would be a disgusting and inexcusable outcome, making a mockery of the rules everyone else needs to comply with to enter the country.

Novak is a spoilt brat we need not indulge him let alone give him the opportunity to earn significant $ here if he cant respect science of vaccination and give him a platform to contine to spread antivax sentiment.

TA have given bad information (and looks to be deliberate) but its obvious to all intelligent and well travelled people that a sporting organisation does not control the border and as others have said the onus is always on the indvidual to ensure you stay up to date with and comply with all entry criteria. Visas never guarantee entry anywhere, as they are issued based on information given and always subject to review at the border.

Anyone who even casually watches Border Security (or any of the many variants of this show worldwide) knows that people with visas are regularly deported when border staff determine they are in breach of the visa conditions. They dont even get the opportunity to request a curt hearing to protest, they are put on the next flight out (as should have happened here).

Novak is a seasoned travller, he (and his team) should have properly researched the visa/entry criteria and not assumed their "status"would allow special treatment.

Go home already and stop costing us tax payers even more in frivilous legal activity.

 

[HappyFlyerFamily]

Doubtful. Hasn’t the Czech player also about to be deported already been here for over a week and played in a warm up tournament?

... the PM put that down to Border Force focussing on high profile getting greater scrutiny.

 

[RooFlyer]

Another thing is if 14 days is waited out, could the judge then say the quarantine period is waited out and allow Djokovic in. Tennis Australia could accommodate by making his first round match on day 15 (a Thursday?!?!).

He’s in detention because his visa has been cancelled, and he’s appealing - presumably against the cancellation.

I can’t see how the court can hear or consider any other matter. @Anna thoughts?

So he either has his visa reinstated and he’s good to play, or not, in which case he’s on the next plane out.

If the court should reinstate his visa on some process technicality, presumably Border Force could recancel it immediately with proper process.

 

[HappyFlyerFamily]

On the Czech player getting deported, unless I got my Czech players mixed up, the Czech player is reported to be in detention.

Read somewhere (that I can't find now) that apparently 1 player has voluntarily left since getting visa cancelled.

Australian Border Force cancels tennis player Renata Voráčová's visa ahead of Australian Open

The female tennis player from the Czech Republic is among three people connected to the Australian Open to have their visas cancelled. She is being detained in the same immigration hotel as Serbian star Novak Djokovic.

www.abc.net.au

 

[prozac]

Do people think a 'practical' defence might work with this judge to get Djokovic into Australia to play?

Something along the lines of he's been in detention for say 7 days, which is the amount of time a positive person would need to isolate. Since a positive person who is asymptomatic would be allowed into the community, then let Mr Djokovic (provided still asymptomatic) in to play.

No, definitely not. He didn't meet the visa conditions at the time of entry.

 

[RooFlyer]

On the Czech player getting deported, unless I got my Czech players mixed up, the Czech player is reported to be in detention.

Read somewhere (that I can't find now) that apparently 1 player has voluntarily left since getting visa cancelled.

I think the person who has left is a tennis official.

 

[Lynda2475]

I think the person who has left is a tennis official.

This!

The tennis official left voluntarily, the Czech player and Novak are in detention.

 

[HappyFlyerFamily]

No, definitely not. He didn't meet the visa conditions at the time of entry.

To be precise I think its he didn't meet the exemption for quarantine-free entry.

 

[Lynda2475]

To be precise he didn't meet the exemption for quarantine-free entry.

Nope for entry.

Australian Citizens and Permanent Redicents can enter unvaccinated and opt for supervised quarrantine.

Novak is not a citizen, PR or even a close relative eligible for quarrantine free entry.

He applied for a work visa and it has been established that there is no longer any provision for unvaccinated entry under work visas irrespective of the wllingness to do HQ. And he is of course not wanting to do 14 days HQ anyway.

Prior to the Nov 1 border opening, there were work visa catgories which allowed for HQ for foreign workers (i.e. fruit pickers) without vaccination but they now need to be vaccinated with a recognized vaccine to get work visas going forward and then ins some cases still HQ.

 

[prozac]

To be precise I think its he didn't meet the exemption for quarantine-free entry.

Correct.
You enter Australia, when you reach the customs officer you are deemed to have entered, and said customs officer looks at your visa & your declaration and asks you again if you have anything to declare. Of-course not you repeat. The customs officer requests to search your bag because he can tell you are a shifty cough looking for a statistical win. "Whats this" he asks you when he finds the preserved pork trotters, the Polish cabbage and the Boerewors along with the 3rd bottle of spirits.
Customs Officer: You signed a declaration you were carrying no restricted items. That will be a fine thank you.
You: But officer, my family gave me this to bring to my elderly mother. Can we just toss it in the quarantine bin?
Customs Officer: No, you did not declare it first. Fine stands. Toss it n the bin.

The conditions were breached at the time of entry. Same with the visa.
There is no rewind function.

 

[HappyFlyerFamily]

Correct.
You enter Australia, when you reach the customs officer you are deemed to have entered, and said customs officer looks at your visa & your declaration and asks you again if you have anything to declare. Of-course not you repeat. The customs officer requests to search your bag because he can tell you are a shifty cough looking for a statistical win. "Whats this" he asks you when he finds the preserved pork trotters, the Polish cabbage and the Boerewors along with the 3rd bottle of spirits.
Customs Officer: You signed a declaration you were carrying no restricted items. That will be a fine thank you.
You: But officer, my family gave me this to bring to my elderly mother. Can we just toss it in the quarantine bin?
Customs Officer: No, you did not declare it first. Fine stands. Toss it n the bin.

The conditions were breached at the time of entry. Same with the visa.
There is no rewind function.

By my way of thinking, Djokovic never made it to the Customs Officer.

In any case this is white hot anger in an election year. The Commonwealth won't make it easy or give any concession to resolving it.

A judge will judge what they see and some judges find compromise in the rules. I've seen it plenty of times before.

 

[prozac]

By my way of thinking, Djokovic never made it to the Customs Officer.

In any case this is white hot anger in an election year. The Commonwealth won't make it easy or give any concession to resolving it.

A judge will judge what they see and some judges find compromise in the rules. I've seen it plenty of times before.

You are bashing your head against a brick wall. You are not in quarantine are you?
Of-course you "entered" Australia, you wouldn't be in detention otherwise. Why are you in detention? Because you lied on your visa application and subsequent oral response to the customs officer.
Good luck Novax.

 

[HappyFlyerFamily]

You are bashing your head against a brick wall. You are not in quarantine are you?
Of-course you "entered" Australia, you wouldn't be in detention otherwise. Why are you in detention? Because you lied on your visa application and subsequent oral response to the customs officer.
Good luck Novax.

Try to keep to topic.

The way I read the Border Force visa page was one applies for a visa and separately ask for a travel exemption. So it seems there is no vaccination question on the visa application.

 

[drron]

To be precise I think its he didn't meet the exemption for quarantine-free entry.

And the exemption is a condition of entry for his visa.therefore it is correct to say he didn't meet his visa conditions.

 

[TheRealTMA]

Does the Joker still get his appearance money from TA?

 

[HappyFlyerFamily]

And the exemption is a condition of entry for his visa.therefore it is correct to say he didn't meet his visa conditions.

Not 100% - exemption is for quarantine-free entry.

An early report indicated that the work visa he was given did not allow for a vaccine exemption.

There are visas that allow unvaccinated entry - eg sponsored prospective spouse can be for technically unvaccinated by a recognised vaccine but you need the travel/vaccine exemption - I don't know whether they have to do 14 days quarantine.