COVID-19 and Tennis

[HappyFlyerFamily]

Minister to Djokovic: You can play at French Open

Tennis world No. 1 Novak Djokovic will be allowed to play in the French Open later this year even if he is not vaccinated against COVID-19, France's sports minister said on Friday.

www.espn.co.uk

 

[Anna]

A directions hearing started at 6pm Sunday. No orders published yet so I don't know what is being asked for or by whom.

For any insomniacs who want to torture themselves with Novax's 35 page turgid legal submission it can be found here but don't say I didn't warn you :

https://www.fcfcoa.gov.au/sites/default/files/2022-01/MLG%2035%20of%202022%20-%20Applicant%27s%20submissions.pdf?fbclid=IwAR2tJNBs6LDHNMywJWJd411UHGYValsneeky_guepwTr4u4miybbt3d4IaY

 

[prozac]

...

Partner at Thomson Geer Lawyers, Justin Quill, told Today on Friday: “I suspect what’s going to happen is – and I suspect not so much because he is going to win his case, but that it is going to be found that there needs (to be) more time, and he will be allowed to stay in the country, compete in the Australian Open, and then the lawyers will argue about this in the weeks and months to follow.

“It will be a bit of an irrelevant case at that stage, but I suspect that’s probably where we are going to land with this.

“The imposition on Djokovic not being allowed to compete is arguably greater than the imposition on the Minister for Home Affairs. So, I suspect the court is going to land there and say, ‘I’m going to allow you to stay in the country while we sort this out over the following weeks and months’.”

Tell Justin he's dreaming.

 

[Anna]

Novax's application can be seen here:

https://www.fcfcoa.gov.au/sites/default/files/2022-01/MLG35-of-2022-Application.pdf

Note his own lawyers manage to spell his name Djokavic at one point

 

[ayebee]

curiouser and curiouser (cried Alice)

The government's request (denied) for more time seems strange.
Surely for them it is a matter of stating the "law is the law", so show us your documents ...

 

[Must...Fly!]

I found this to be a good summary.

Will he stay or will he go? Djokovic's hearing underway

Novak Djokovic is getting his day in court in a deportation case that has polarized opinions and elicited heartfelt support for the world No. 1 tennis player in his native Serbia.

apnews.com

Today is the day of course. My money is still on him being booted. The travel declaration is simply an online form, you can put whatever you want in it. You are assessed at the border. It is obvious that Tennis Australia gave incorrect advice to players, probably as a result of believing that the Victorian government had the final say and that the Federal process for visa approval and border clearance was merely a formality.

 

[MARTINE]

I found this to be a good summary.

Will he stay or will he go? Djokovic's hearing underway

Novak Djokovic is getting his day in court in a deportation case that has polarized opinions and elicited heartfelt support for the world No. 1 tennis player in his native Serbia.

apnews.com

Today is the day of course. My money is still on him being booted. The travel declaration is simply an online form, you can put whatever you want in it. You are assessed at the border. It is obvious that Tennis Australia gave incorrect advice to players, probably as a result of believing that the Victorian government had the final say and that the Federal process for visa approval and border clearance was merely a formality.

Popcorn ready?
I am with you (but wishful thinking )

 

[Pushka]

I do know one thing. That whatever result happens, it will be so confounded with legalese and words so confusing that none of us, except those with any legal knowledge, will understand what the heck was the rationale behind it.

 

[drron]

And that the decision will be appealed.

 

[MARTINE]

And that the decision will be appealed.

(Hopefully) with decision made after the AO and he did not play.
EDIT - isn’t it great we have the legal AFF team on the sidelines doing the reportage /like watching TV!

 

[Must...Fly!]

I fail to see on what grounds a detainee under suspicion of being in Australia without the proper approvals should be released in to the community to proceed with their business.

Sure allow him to be released from detention to his rented house with court and chef, if he is monitored. But it does make a mockery of the system if he is released and allowed to play in the tournament while the legal process continues, in my opinion.

 

[MARTINE]

I fail to see on what grounds a detainee under suspicion of being in Australia without the proper approvals should be released in to the community to proceed with their business.

Sure allow him to be released from detention to his rented house with court and chef, if he is monitored. But it does make a mockery of the system if he is released and allowed to play in the tournament while the legal process continues, in my opinion.

It’s a device of course (ends … means). I also note it was claimed he did not get access to lawyers /TA / management etc when interviewed by BorderForce.
Is this normal practice for all potential deportees to get this before decision made?

 

[Must...Fly!]

It’s a device of course (ends … means). I also note it was claimed he did not get access to lawyers /TA / management etc when interviewed by BorderForce.
Is this normal practice for all potential deportees to get this before decision made?

That's a good question but I do not know the answer. My suspicion is that a decision by ABF to cancel a visa or refuse entry can be subject to legal appeal. But the decision itself being made is not in a court, but a decision of the delegated representative (ABF officer). Thus if you disagree with the decision you then have legal recourse. Perhaps ABF may allow you to contact lawyers first before cancellation to obtain further documentation or advice but I'd say this is probably at the discretion rather than a standard process? Given you can appeal their decision.

 

[HappyFlyerFamily]

But Australia’s Home Affairs Department has rebuffed his arguments point-by-point and urged the judge to dismiss the case, with costs.

Djokovic is unvaccinated and poses a risk to people and the health system in Australia, the government said in a 13-page document lodged with the court on Sunday.

The government added “there is no such thing as an assurance of entry by a non-citizen into Australia”.

“As for material given to the applicant by the Department, it had not represented to the applicant that his so-called ‘medical exemption’ would be accepted,” the submission said.

Significantly, the government’s submission also said it retains the right to keep Djokovic detained even if he wins Monday’s case.

“If the Court makes an additional orders for immediate release of the applicant, notwithstanding the above, the respondent submits that the Court should make it expressly clear that that order does not purport to (nor could it) prevent the respondent or any officer of the Commonwealth from exercising any power to detain that might be available to him or her despite the quashing of the delegate’s cancellation decision,” the submission said.

“An order for immediate release does not prevent re-detention if there is power to detain.”

Why Novak Djokovic’s visa cancellation was overturned

The decision to cancel Novak Djokovic’s visa has been quashed by the Federal Circuit Court, and he will be freed from immigration detention.

www.news.com.au

 

[antycbr]

“An order for immediate release does not prevent re-detention if there is power to detain.”

It does appear, shall we say, unsportsmanlike to ignore the intent of the umpire. But given that we locked people who are actual citizens out of the country, nothing surprises me any more.

 

[Must...Fly!]

It does appear, shall we say, unsportsmanlike to ignore the intent of the umpire. But given that we locked people who are actual citizens out of the country, nothing surprises me any more.

It seems like a perfectly reasonable point to make.

They are not seeking to detain without due cause, they are just stating the obvious that if the law allows, they can continue to exercise their powers under said law

 

[HappyFlyerFamily]

For those not wanting to attend the courtroom, here is ABC's blog

Novak Djokovic wins visa court case but Immigration Minister still has decision to make

A spokesperson for Australia's Immigration Minister says no decision has been made on whether to allow Novak Djokovic to stay in Australia. As it happened.

www.abc.net.au

 

[Saab34]

Karen Andrews filing further submissions at 3pm so don’t expect a result until later today.

Few lawyers on TV this morning saying he has a very ‘challenging’ case ahead of him.

 

[antycbr]

It seems like a perfectly reasonable point to make.

They are not seeking to detain without due cause, they are just stating the obvious that if the law allows, they can continue to exercise their powers under said law

I agree that they can exercise the powers given to them but it starts to look like bullying. No one is going to come out of this matter looking very good.

 

[HappyFlyerFamily]

I wonder when his mere presence is enough to satisfy breaching the 408 visa condition to 'not be disruptive'