COVID-19 and Tennis

[Lynda2475]

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

Therefore he was ineligible to apply for said visa and inelegible to enter the country, case closed deport him already.

 

[HappyFlyerFamily]

One of the lines of argument being bandied about is that no facts have changes since the visa was issued.

So that either adds more 'evidence' that visa application doesn't appear to have a question about vaccination status or that Border Force granted it despite declaring being unvaccinated.

I wonder whether Djokovic's team purposefully chose a work visa to which vaccination exemption doesn't apply - just to try avoid questions about vaccination status. So unfortunate for him that he is high profile and got closer scrutiny.

Does Border Force 's normal processes allow someone to apply for a different visa at the immigration clearance area if they chose the wrong visa?

 

[Lynda2475]

So unfortunate for him that he is high profile and got closer scrutiny.

Im sure the many non-celebrity entrants who have had their visa's cancelled for not complying with a myriad of rules over the years would challenge the assertion he got closer scrutiny than others.

He applied for a visa type he was ineligible for and does not meet entry requirements, so either didnt do his homework or was banking on his profile getting special treatment, just dumb and arrogant. Bragging on social media was also dumb and nver going to help, only hinder.

 

[drron]

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.

So a vital condition of entry of a work visa is to be vaccinated which he did not meet.

 

[Anna]

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.

His application is not open to public view so I can't see exactly what it is for which makes it hard to speculate what might happen.

The only order so far is an interim order restraining his deportation until 4pm on Monday. Obviously the judge might extend that time if necessary, eg if the hearing is still going at 4pm.

He might be applying for a permanent injunction against deportation plus judicial review of his visa cancellation. But I just don't know sorry. (I'm also not sure whether the average mortal would have to apply to the AAT first before getting anywhere near a Federal Court judge).

 

[HappyFlyerFamily]

So a vital condition of entry of a work visa is to be vaccinated which he did not meet.

Depends on whether he was allowed to apply for a different visa type 'at the border'.

Its appears that Border Force has tried to assess a vaccination exemption. Not sure why they are assessing an exemption if its not applicable to the type of work visa that was issued.

Lots of steps not really clear from media reports.

 

[drron]

Except that a different visa would not allow himt to work such as a professional tennis player. So I doubt he even considerede that option.

 

[Milboo]

For anyone interested in the Djokovic Federal Court proceedings the court file can be found here although not much has been filed yet or is available to view:

File details - applications for file

TLDR version - Novax filed his application late on Thursday with an affidavit. He had somehow since landing less than 24 hours earlier rustled up 2 QC's and 2 junior counsel to act for him including one whose surname Dragojlovic looks Serbian to me (sorry for stereotyping). His solicitors are Hall & Wilcox. The Commonwealth in contrast appears to have only been able on Thursday to marshal a single junior counsel to appear, but I would be amazed if they don't have silk too by now. The Commonwealth has apparently not yet filed any written response to the application. The hearing is at 10am on Monday and permission has been granted for any evidence to be given by videolink. Whether that means Novax from his room in immigration detention, or medical evidence from Serbia or somewhere else, or both, is unclear. Legal submissions also to be permitted by video but it's not clear why as all current counsel appear to be Vic based. (Maybe they are having their holidays interrupted? )

I am guessing but it looks like his application might strictly speaking be for an injunction against deportation. Guessing on the basis that Novax had to give an undertaking as to damages such as is routinely required from an injunction applicant.

Several lawyers will be having a very busy few days preparing for the hearing.

Don’t read anything into counsel being listed - especially as a junior counsel is still someone quite senior! And you don’t need the heavy hitter on the basic documents.

Videolink - assuming Vic courts is running virtual courtrooms still due to COVID restrictions. Everything I’ve done in the last 18 months has been virtual!

I haven’t looked at the documents but I thought he already had the interim injunction against deportation, hence why he’s sitting in a hotel room. You get an injunction pending the hearing of the substantive matter.

 

[Milboo]

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).

Hard road for him to establish negligence - he’d need to show that TA owed him a duty of care and they breached that. Then there is questions of foreseeability, harm etc. etc. He doesn’t need to be in AU for this kind of claim.

I would not be surprised (and just speculating) if TA did not have a little disclaimer somewhere re each player needing to seek professional advice on their personal circumstances.

 

[Anna]

Australia has approximately 24 different types of 'work visa'.

Novax might have applied for a lot of different types of 'work visa'. Having a trawl around the Immigration Dept website I initially thought he might have applied for a 'global talent' visa but that seems to be for people who want to come to Australia on a more permanent basis. I can't be bothered looking through all the other different types that might apply to him.

Regardless of what visa you have, it seems that currently Australia is also requiring an ESTA type document (similar to the electronic doc that USA requires, only theirs is for visa free travel) and this is the document that you only get if you have a Commonwealth exemption from the requirement to be vaccinated.

As usual with Cth legislation and processes it is all hideously complicated.

a junior counsel is still someone quite senior!

Thanks, I'm flattered. I don't practise in immigration though.

 

[Milboo]

Australia has approximately 24 different types of 'work visa'.

Novax might have applied for a lot of different types of 'work visa'. Having a trawl around the Immigration Dept website I initially thought he might have applied for a 'global talent' visa but that seems to be for people who want to come to Australia on a more permanent basis. I can't be bothered looking through all the other different types that might apply to him.

Regardless of what visa you have, it seems that currently Australia is also requiring an ESTA type document (similar to the electronic doc that USA requires, only it's for visa free travel) and this is the document that you only get if you have a Commonwealth exemption from the requirement to be vaccinated.

As usual with Cth legislation and processes it is all hideously complicated.



Thanks, I'm flattered. I don't practise in immigration though.

I like baby barristers - better value than partners, and less arrogance than senior!

 

[Anna]

I like baby barristers

Feel free to keep digging , but after 15 years as a partner (+ a few years in practice before making partner) and 7 years at the bar I hardly feel like a baby

 

[Must...Fly!]

@Anna wins with an impressive forehand down the line...

Had to bring it back to tennis somehow!

 

[Milboo]

Feel free to keep digging , but after 15 years as a partner (+ a few years in practice before making partner) and 7 years at the bar I hardly feel like a baby

Oh I call all junior counsel baby barristers! Quite a few people I know do - maybe it’s more from the in-house practitioners!

 

[HappyFlyerFamily]

Leaked video shows Tennis Australia boss address Djokovic scandal

Tennis Australia (TA) boss Craig Tiley has addressed the Novak Djokovic controversy in an internal video, saying the organisation has “done an unbelievable job” in getting everything together for this month’s grand slam.

www.news.com.au

 

[Anna]

Meanwhile Rafa is playing tonight I believe ... hope Novax is watching.

 

[HappyFlyerFamily]

Osaka pulled out of semi - soreness and need to rest before Grand Slam

 

[antycbr]

Well worth a read - Djokovic team application to the Federal Circuit Court:

https://www.fcfcoa.gov.au/sites/default/files/2022-01/MLG%2035%20of%202022%20-%20Applicant%27s%20submissions.pdf

 

[jakeseven7]

Meanwhile Rafa is playing tonight I believe ... hope Novax is watching.

Hope it’s on free to air, his hotel prison doesn’t have Foxtel

 

[MARTINE]

Meanwhile Rafa is playing tonight I believe ... hope Novax is watching.

Rafa is one of the few who has talked any sense in this little melodrama. A wonderful player ; he and Roger are a class act