The Australian Federal Court announced in the last hours that on Sunday, January 16, it will issue its decision on the appeal of the Serbian tennis player Novak Djokovic against the cancellation of his visa, which has him on the verge of not playing the Australian Open. Whatever the decision of the three judges in charge, neither the local government nor the number one tennis player in the world will be able to appeal. Djokovic was arrested again on Saturday after attending an appointment with border officials.
Novak Djokovic’s saga in Australia could leave the world number one tennis player’s career in uncertainty, at least for the next three years.
Three judges of the Federal Court will hear on Sunday, January 16, the appeal of the Serbian athlete against the cancellation of his visa and will issue their decision, after the athlete entered the country on January 5 without being vaccinated against Covid-19 under a medical exemption.
A court judge scheduled a Sunday hearing to address Novak Djokovic’s Australian visa revocation. The Australian Open begins on Monday. https://t.co/ccsllfaPRd
— The New York Times (@nytimes) January 15, 2022
The opinion of the magistrates of the court may not be appealed by any of the parties. If the magistrates rule in favor of Djokovic, the athlete could compete in the Australian Open that begins on Monday, January 17, and play his first game of the tournament against his compatriot, Miomir Kecmanovic.
But if the judges decide otherwise, the tennis player will have to leave Australian soil and face the consequences of the cancellation of a visa by that nation, which include being banned from entering the country for the next three years.
The hearing will focus on whether or not Immigration Minister Alex Hawke acted unreasonably in rescinding his visa.
What consequences would Djokovic face?
The tennis champion may never get the chance to defend his Australian Open title again as he faces a three-year ban from the country in his latest court challenge.
Novak Djokovic had obtained an exemption to travel to Australia for having recently been infected with the SARS-Cov-2 virus, but the authorities canceled his visa twice since he arrived in the country more than a week ago.
The Serbian athlete’s entry clearance was canceled under the broad powers vested in Australia’s Immigration Minister, under the country’s Migration Act introduced in 2014 when Scott Morrison, the current Prime Minister, was Immigration Minister.
After a visa is canceled under those regulations, a person is barred from returning to Australia for three years, except in extraordinary circumstances “affecting the interests of Australia or compassionate or compelling circumstances affecting the interests of an Australian citizen.”
Current immigration minister Alex Hawke said the consequences of Djokovic’s visa cancellation are “significant.”
“Mr. Djokovic regularly travels to Australia to compete in tennis tournaments (…) This visa cancellation may affect his ability to obtain a visa to enter Australia in the future,” he said.
Australian minister cites risk of ‘civil unrest’ as reason to cancel Djokovic’s visa
This Saturday, January 15, the documents presented to the court were revealed that reveal the reasons that Alex Hawke presented to the authorities as a justification for canceling Djokovic’s visa.
The Migration Minister personally canceled the visa of the world number 1, arguing that his presence in Australia could incite “civil unrest” and encourage others to avoid vaccination against Covid-19.
Hawke explained that the tennis champion is “perceived by some as a talisman of a community of anti-vaccine sentiment”, so there is a risk of riots in the country.
While Hawke stated that he accepted that the recent contagion meant he was a “negligible risk to those around him,” his presence in the nation could encourage others to disregard national rules and public health regulations.
“I believe that Mr. Djokovic’s continued presence in Australia may lead to an increase in anti-vaccine sentiment generated in the Australian community, which could lead to an increase in civil unrest previously experienced in Australia with rallies and protests that may itself be themselves a source of community transmission (…) Mr. Djokovic is a person of influence and status,” the official stressed.
The arguments of the defense
Djokovic’s legal team argues that the minister did not consider that the tennis player’s arrest and possible forced removal from Australia could also incite anti-vaccination sentiment.
In court documents, the player’s lawyers argued that Hawke took an “illogical, irrational and unreasonable approach to the public interest issue.”
“The minister cited no evidence to support his conclusion that Mr Djokovic’s presence in Australia may ‘foster anti-vaccine sentiment’, and it is not up to the minister to reach that conclusion.”
Immigration experts have questioned why, if the Australian government had concerns that Djokovic would inspire anti-vaccine sentiment in Australia, it did not so in the initial decision to grant him a visa on November 18, or when his visa was first cancelled. time at the airport, on January 5.
Djokovic initially believed that a visa granted on November 18 and a waiver approved by Tennis Australia’s chief medical officer and a panel of independent experts from the Victorian Government would be sufficient to enter the nation.
After a night interrogation at the Melbourne air terminal, his authorization to enter the country was initially canceled by a delegate from the Home Secretary on January 13, on the basis that a recent contagion of Covid-19 by itself did not was reason enough for an exemption from Australia’s stringent vaccination requirements.
The delegate concluded that since he was not vaccinated, Djokovic posed a risk to public health.
But on Monday, a court judge restored Djokovic’s visa, concluding it was unreasonable for the Australian Border Force to renege on an agreement to give him more time at the airport to communicate with his legal team and address the waiver.
Djokovic’s treatment has sparked a fierce reaction in Serbia, where the Belgrade-born player is considered a national hero.
With Reuters, AP and local media
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