COVID-19 and Tennis

[Pushka]

Well, yes. But we have people who have been ignoring most of that for almost the past 2 years.

Edited

Yes, but they are Australian citizens etc, and are here already on whatever visa is appropriate for them. He is none of those.

 

[HappyFlyerFamily]

Djokovic at Park Hotel (detention) presently.

As I understand media reports either quoting or citing immigration experts, the court can’t issue or order the issue of a bridging visa (which would be needed in order to play) if the case remains undecided as at match time for Djokovic’s match.

Apparently if case remains undecided the Minister or Border Force would need to exercise discretion to issue bridging visa to allow Djokovic to leave detention and be able to play.

Assuming Government plays hardball from here, if Court is undecided, refuse to issue bridging visa and Djokovic is forced to withdraw while waiting for Court decision. It’s a way for the Minister to win if Court remains undecided even if the Minister ultimately loses the actual case. The possible potential irony for the Minister to ‘win’ on process - assuming Court is undecided.

 

[HappyFlyerFamily]

From ABC blog, but in reality IMHO need to substitute Djokovic’s game time wherever Sunday appears...

What happens if there is no decision on Sunday?​

Former deputy secretary of the Immigration Department Abul Rizvi has explained what could happen if the Federal Court fails to reach a decision on Novak Djokovic's visa cancellation appeal at tomorrow's hearing.

He says there are options, but he'd be surprised if the government used them.

"A court cannot issue a visa," he told the ABC.

"Only the minister, or the minister's delegate can issue a visa.

"What a court can do is quash the visa cancellation which would reinstate Mr Djokovic's earlier visa.

"Alternatively, what the minister could do —if for example, he was confronted with a situation where the court was unable to make a decision by Sunday evening or Monday morning and we had the prospect of the world's number one tennis player being in detention in Melbourne whilst the Australian Open goes on —an option open to the minister is to grant Mr Djokovic a bridging visa whilst the court considers its decision.

"Now I think that is unlikely … I don't think the government would do that."

 

[DC3]

My take - he can't personally spread covid but his behaviours and comments might encourage others to ignore the public health measures in place including booster vaccinations and isolation when positive.

Well, yes. But we have people who have been ignoring most of that for almost the past 2 years.

Yes, but they are Australian citizens etc, and are here already on whatever visa is appropriate for them. He is none of those.

Oh. I see. Is that what you meant? I was also referring to Oz citizens, etc., some of whom were not doing “the right thing” well before this current immigration/legal saga. .

Anyway, it should all be resolved later today with any luck.

 

[Pushka]

Oh. I see. Is that what you meant? I was also referring to Oz citizens, etc., some of whom were not doing “the right thing” well before this current immigration/legal saga. .

Anyway, it should all be resolved later today with any luck.

Yes, it's what I meant. But his situation is not unique to anyone in a country on a visa, but the media likes to make out he is. He's speshul in some eyes. Anyone living in a different country on a visa must be very mindful of not creating any situation of a conviction or civil unrest or their visa can be immediately cancelled and they are booted out of the country (based on experiences both on Australia and UK)

 

[jakeseven7]

Oh. I see. Is that what you meant? I was also referring to Oz citizens, etc., some of whom were not doing “the right thing” well before this current immigration/legal saga. .

Cool, so we deport Australians for not wearing a mask or washing their hands properly… Like it or not being a citizen gives you some privileges/advantages in some situations, that’s just the way it is…

 

[jakeseven7]

From ABC blog, but in reality IMHO need to substitute Djokovic’s game time wherever Sunday appears...

What happens if there is no decision on Sunday?​

Former deputy secretary of the Immigration Department Abul Rizvi has explained what could happen if the Federal Court fails to reach a decision on Novak Djokovic's visa cancellation appeal at tomorrow's hearing.

He says there are options, but he'd be surprised if the government used them.

"A court cannot issue a visa," he told the ABC.

"Only the minister, or the minister's delegate can issue a visa.

"What a court can do is quash the visa cancellation which would reinstate Mr Djokovic's earlier visa.

"Alternatively, what the minister could do —if for example, he was confronted with a situation where the court was unable to make a decision by Sunday evening or Monday morning and we had the prospect of the world's number one tennis player being in detention in Melbourne whilst the Australian Open goes on —an option open to the minister is to grant Mr Djokovic a bridging visa whilst the court considers its decision.

"Now I think that is unlikely … I don't think the government would do that."

The AO needs to just get on and forget this drama now.

Novak can stay and fight an overwhelming majority of people could care less.

If he gets out mid tournament I’m sure he would be more than happy to play some show games, the charity match etc because he’s such a nice person.

 

[Pushka]

The AO needs to just get on and forget this drama now.

Novak can stay and fight an overwhelming majority of people could care less.

If he gets out mid tournament I’m sure he would be more than happy to play some show games, the charity match etc because he’s such a nice person.

Last year before AO. He tried to claim he had an injury after SA put him up in apartment where he could train at memorial drive, have a balcony, kitchen etc etc last year and escape the Victorian version, free of charge to him, and pulled out of the event that was supposed to compensate for the taxpayers expense. Then mid match of the one where someone else had been called in at last minute, he clearly got a phone call to tell him to pull his finger put and said, hey, it's better now I'm back. BS.

 

[jb747]

Well, yes. But we have people who have been ignoring most of that for almost the past 2 years.

I'm sure they'll enjoy being shipped to Tasmania....

 

[MARTINE]

Seems the anti-vaxxers have turned up in force - hopefully the judges will hear their dulcet tones outside the window…

 

[Anna]

With the Full Federal Court having rolled out the judicial red carpet by accommodating an urgent weekend hearing, I would be astonished if there is no decision before play starts tomorrow, even if the reasons come out later.

Then if Novax loses, all eyes to see if the High Court is willing to replicate the judicial red carpet by entertaining an urgent application for special leave to appeal (although if there's no reasons for decision issued immediately, he'd be pushing the proverbial uphill to attract any urgent interest from the High Court).

Regardless of who wins today, it will be interesting to see if the loser pursues an application for special leave to appeal to the High Court in the usual (slow) timeframe, because it seems to me that there are important legal issues here even after the burning urgency of the start of the AO is taken away. And both parties may well want it sorted out before AO 2023.

 

[kelvedon]

I don’t know if the link has already been posted up thread, but if you want to watch it live….

 

[get me outta here]

Apparently I am one of the 15% who do not care whether he leaves or stays.
The damage to his brand has been self inflicted.

 

[Spongbob]

My take - he can't personally spread covid but his behaviours and comments might encourage others to ignore the public health measures in place including booster vaccinations and isolation when positive.

The key word in the Minister's reasons is "could", and not "might" (I should have noted this in my post).

Many things could happen, but most are unlikely or very unlikely.

 

[Must...Fly!]

Never thought I'd spend a Sunday morning watching court proceedings.

Though I cannot help but watch this and think about all the things I've missed out on during the pandemic with no realistic ability to challenge. It really annoys me that this person can flout the laws of his homeland, another country, and ours, and still have urgent hearings before a court here.

 

[Anna]

Seems the anti-vaxxers have turned up in force - hopefully the judges will hear their dulcet tones outside the window…

In his revised written submission apparently filed at 9.15pm Saturday, Novax is arguing among other things that it is actually the Minister who has fostered the anti vax sentiment, not him

Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs: Online File

www.fedcourt.gov.au

 

[prozac]

In his revised written submission apparently filed at 9.15pm Saturday, Novax is arguing among other things that it is actually the Minister who has fostered the anti vax sentiment, not him

Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs: Online File

www.fedcourt.gov.au

Justices body language beginning to look a little restless during defense delivery. Hmmm, I'd rather be playing golf or cutting the lawn, with scissors.

 

[MARTINE]

I don’t know if the link has already been posted up thread, but if you want to watch it live….

I’m painting today .. so will tune in for the final result of the match whilst watching my own paint dry

 

[HappyFlyerFamily]

ABC reporting on Minister’s written submission

First few para

The full bench of the Federal Court has begun sitting to hear Novak Djokovic's appeal against his visa cancellation.

In a response tendered to the court on Saturday night and made publicly available as the hearing began on Sunday morning, Immigration Minister Alex Hawke said Djokovic's case to remain in Australia failed on all three grounds.

In an application lodged with the Federal Circuit Court on Friday night, Djokovic's lawyers argued the visa cancellation was legally invalid.

They argued it was not open for the Immigration Minister to find Djokovic opposed to vaccination, that there was no evidence the tennis star's presence would foster anti-vaccine sentiment, and that Mr Hawke did not consider the effect of cancelling the visa on stoking that sentiment.

Mr Hawke's response to the appeal claim argues it was clearly open to him to find that the world number one men's tennis player was opposed to vaccination against COVID-19.

The response also argues there is "ample evidence" to support Mr Hawke's finding that Djokovic's presence in Australia may foster sentiment against coronavirus vaccinations.

Djokovic faces nervous wait as judges deliberate over visa stoush

Lawyers for tennis star Novak Djokovic and Immigration Minister Alex Hawke have delivered their final arguments before the full bench of the Federal Court, with a decision likely later today.

www.abc.net.au

 

[HappyFlyerFamily]

ABC blog is a bit more concise reading on Minister’s written submission

Details of the Minister's response to Djokovic​

While the hearing gets underway, we've been going through the Immigration Minister's written submissions.

The Immigration Minister says Novak Djokovic's case to remain in Australia fails on all three grounds.

In a response tendered to the court and made publicly available a short time ago, Alex Hawke argues it was clearly open to find that the world number one men's tennis player was opposed to vaccination against Covid 19.

The document says there is also ample evidence that his presence in Australia may foster sentiment against coronavirus vaccinations.

And Mr Hawke has also rejected Djokovic's ground that cancelling his visa was illogical or irrational because it could spark the same anti-vaccination unrest.

He argues he did take it into account, and the onus is on Djokovic to prove otherwise.

The minister adds that even if he failed to consider it, it wouldn't amount to an error in law