COVID-19 and Tennis

I don't get this part. Why do his lawyers get to submit anything? Shouldn't this happen AFTER he's kicked out and on appeal?

If anything, his own-foot-shooting admissions should hasten the timeline.
Getting ahead of the curve, or responding to a "please explain"?
 
I don't get this part. Why do his lawyers get to submit anything? Shouldn't this happen AFTER he's kicked out and on appeal?

If anything, his own-foot-shooting admissions should hasten the timeline.
The personal power of cancelling a visa has the condition that the 'accused' has a right of reply to the initial public interest concerns of the Minister. If the Minister doesn't allow for a reply a court can also overturn this personal deportation for lack of natural justice.
 
I don't get this part. Why do his lawyers get to submit anything? Shouldn't this happen AFTER he's kicked out and on appeal?

If anything, his own-foot-shooting admissions should hasten the timeline.
Maybe they are ‘explaining’ their own position lest there be an issue in representations on Monday 10/1?
 
Getting ahead of the curve, or responding to a "please explain"?
The personal power of cancelling a visa has the condition that the 'accused' has a right of reply to the initial public interest concerns of the Minister. If the Minister doesn't allow for a reply a court can also overturn this personal deportation for lack of natural justice.
Maybe they are ‘explaining’ their own position lest there be an issue in representations on Monday 10/1?
Is this normal? They won their appeal on Monday, so they can ONLY be presenting material to the minister if they believe the Minister is intending to kick out Novax. I find it strange that they are able to try to Persuade the minister before a decision is made.
 
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Djok has handed it to the Aust govt (and poss Serbian govt too). Maybe a course now is for a compromise : let him go voluntarily immediately before a deportation edict.
 
Also any adult entering Australia is responsible for completing their own entry paperwork, Novak may have delegate to manager/aide but he is still accountable for the accuracy of the information provided.

All his lies to get an exemption are coming undone, his behaviour also shows he has no concern for others health, we don't need him here, send him home and for the next 3 years as is permissible.

And then Fed tighten the rules that a current Covid vaccine is mandatory for any non Australian citizen 5 or older to enter the country.
 
Djok has handed it to the Aust govt (and poss Serbian govt too). Maybe a course now is for a compromise : let him go voluntarily immediately before a deportation edict.
I wouldn't be surprised if negotiations are going on around this. Leave saying sorry for misleading on incoming pax card, and see you next year, or bye-bye for 3 years. Pick one.
 
I wouldn't be surprised if negotiations are going on around this. Leave saying sorry for misleading on incoming pax card, and see you next year, or bye-bye for 3 years. Pick one.

And if this is happening pay our legal costs, but he shouldn't be given this special treatment in the face of such appalling abuse of the rules.
 
According to the Guardian


While Novak stans were celebrating his release from detention, the government’s lawyer dropped the fact that the immigration minister will consider using a separate power to cancel his visa.

Under that power, in section 133C(3) of the Migration Act, Alex Hawke would have to be satisfied:

  1. That a ground exists to cancel the visa - in this case the purported threat to public health because he is unvaccinated;
  2. The visa-holder “does not satisfy the minister that the ground does not exist”; and
  3. That it would be in the public interest to cancel the visa.
That decision is not subject to the rules of natural justice. Yes, Australian immigration law really is this harsh.
Here is the relevant post 382.

I also remember the judge making a coment towards the end of proceedings noting he could be called upon to review the Minister's exercise of power and to be given forewarning.
 
" ground exists to cancel the visa" doesn't just have to be on grounds of not being vaccinated (a) can now also be for:
(b) lying on official entry paperwork given much public evidence of him travelling and appearing in public when he was supposedly positive; and
(c) falsifying his positive PCR test results given the digital evidence where by the negative is an older sequence number than the positive (if proven of course)

Not to mention the fact that (b) sets a precedent for not complying with health orders in another jurisdiction, so should he test positive again whilst here (highly likely since he is unvaccinated and likely did not have covid in December) why should we believe he would suddenly comply with health orders?
 
Here is the relevant post 382.

I also remember the judge making a coment towards the end of proceedings noting he could be called upon to review the Minister's exercise of power and to be given forewarning.
Thanks, but I don't see how the lawyers play any part of the decision when its entirely upto the minister. If the Minister elects to cancel the Visa, then the lawyers can appeal and it will be taken to court (I think this is what Judge Kelly wanted forewarning about)
 
"Wasn't me. The dog ate my homework and filled in the forms."


Ha!

The article says:
Novak Djokovic has blamed his agent for an “administrative mistake”

Minister for Immigration should reply with "yeah oops our border force made an administrative mistake not holding you til 8:30am either" and let the visa cancellation stand.
 

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