tennis

Australian judge overturns Djokovic's visa cancelation

68 Comments
By ROD McGUIRK and MARK D BAKER

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68 Comments
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Total vindication.

The government even has to pay his legal costs.

If they didn’t want him in the country they shouldn’t have sent him an official invitation.

-17 ( +16 / -33 )

If they didn’t want him in the country they shouldn’t have sent him an official invitation.

They didn't - Tennis Australia did.

23 ( +32 / -9 )

Sad to see the aussie govt going the way it's going.

Any western nation for that matter.

China and russia are pleased. Very pleased.

-9 ( +12 / -21 )

"My government alone will decide who can enter and leave this country" - S. Morrison.

Apparently not.

That boast is not going to play well in the May election. What an epic and desperate stuff up by the stinking conservative Morrison government.

4 ( +12 / -8 )

Bad decision by the court. He should be deported.

4 ( +21 / -17 )

That boast is not going to play well in the May election. What an epic and desperate stuff up by the stinking conservative Morrison government.

Morrison is worse than useless, but his efforts to keep the housing-immigration bubble alive will see him voted back into power by the greedy boomers of Australia. Unfortunately the Labor party is equally unelectable.

-5 ( +7 / -12 )

Bouncing hitting a ball has never been as complicated as this?

1 ( +4 / -3 )

At one point, an expired court link was apparently hacked and broadcast pornography, The New Daily News website reported.

That got my attention!

10 ( +12 / -2 )

Finally, some voice of reason. And what's with that special requirement that one must have had an ‘acute major medical illness’, are they saying one must have been hospitalized in order for the law to recognize that they now have some immunity ?

-3 ( +10 / -13 )

The Djoker still hasn't explained why a day after he tested positive for corona on Dec 16, he appeared unmasked at a charity event with a bunch of children. Of course he will probably say he didn't know he was positive, but then why did he feel the need to get tested? If he was feeling unwell, he should've waited for his results and not risk infecting a bunch of children.

13 ( +25 / -12 )

If he was feeling unwell, he should've waited for his results and not risk infecting a bunch of children.

The virus is endemic. You wouldn't avoid contact with people if you had a cold. That's just the way society will have to deal with it going forward.

-9 ( +12 / -21 )

Bad decision by the court. He should be deported.

Backwards thinking again, Peter. Disappointing.

-11 ( +10 / -21 )

The Australian government issued him with a visa. They knew exactly what was going on, especially given Djokovic's high profile. Djokovic didn't just jump into the plane in Dubai and hope for the best. He knew he'd been issued with a visa to enter.

Good. I’m glad the judge overturned his visa cancellation. How about compensation?

-3 ( +11 / -14 )

Government lawyer Christopher Tran told the judge after the ruling that the minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, “will consider whether to exercise a personal power of cancelation.”

A "personal power of cancelation" would exclude Djokovic from Australia for three years.

2 ( +6 / -4 )

Why don't they just test him if he has the antibodies and be done with the drama.

-1 ( +7 / -8 )

Backwards thinking again, Peter. Disappointing.

The courts backwards thinking was disappointing, as is your "anti Australia" attitude. Most people in Melbourne, all the ones I have spoken to, agree he should be deported. A majority of up votes here shows it could be almost universal. I think @Rob Nads is the backwards thinker.

3 ( +14 / -11 )

Most people in Melbourne, all the ones I have spoken to, agree he should be deported

With an endemic disease which can still be spread by the vaccinated, there is no basis for enforcing vaccinations. You and your Boomer mates in Melbourne cannot grasp the situation logically, you are thinking in a vindictive manner like a child - "the govt forced us to do it, so he should have to do it as well!"

-6 ( +10 / -16 )

Circuit court judge

??

Actually (Australian) Fedeal Court Judge.

6 ( +7 / -1 )

Seems simple here - the court of law has spoken, no? Was it a kangaroo court? I have no reason to think so. Good luck Novak.

-2 ( +9 / -11 )

All this petty arguing needs to stop, let’s get on with our lives.

-3 ( +7 / -10 )

It was overturned on a technicality They told him he had until 8.30 to provide documents but then cancelled the visa at 7.45. It does not alter the fact that he still does not have valid exemption according to immigration rules. He obtained the original visa electronically, and if you tick all the right boxes the visa is automatically issued without anyone physically reviewing it. The application also states that by getting the electronic visa does not guarantee entry through immigration. Novak believed he was exempt due to Information supplied by Tennis Australia, not Border control who actually set the rules.

7 ( +13 / -6 )

With an endemic disease which can still be spread by the vaccinated, there is no basis for enforcing vaccinations.

You conveniently left of that vaccinations reduce likelihood of death and serious illness

11 ( +19 / -8 )

You conveniently left of that vaccinations reduce likelihood of death and serious illness

I never argued against that, and it's beside the point. It should be up to each individual to weigh up the benefits/risks of getting vaxxed. I am vaxxed myself.

-8 ( +7 / -15 )

what more could this man have done?

Get vaccinated?

10 ( +20 / -10 )

One rule for the elite and one for the regular bloke. And then Aussies get angry when someone calls the country a neo-communist state. Once again, I'm glad I left that place.

-7 ( +4 / -11 )

One rule for........5.42pm

No loss

-1 ( +2 / -3 )

One rule for the elite and one for the regular bloke. And then Aussies get angry when someone calls the country a neo-communist state. Once again, I'm glad I left that place.

As an regular, "non elite" person, I'd like to get into Japan to visit again soon. However I am presently prevented from getting a visa. I accept their rules, and don't badmouth the country or call it a "neo-communist state", "Chinese tributary state" or such nonsense.

7 ( +10 / -3 )

All Djokovic had to do was to be fully vaccinated. That's two plus the necessary boosters.

Not a allot to ask from a true champion, and tennis icon in sync, supporting the trails and tribulation of ordinary Australian people that have endured lockdown.

Djokovic has, in effect put his own antivaxxer idiosyncratic beliefs above the Australian people and elected Government.

5 ( +13 / -8 )

And then Aussies get angry when someone calls the country a neo-communist state. Once again, I'm glad I left that place.

no Aussie dont give a frack what foreigners think, but they do get angry when they try push their ideologies on them or think that Australias laws dont apply to them

2 ( +7 / -5 )

You conveniently left of that vaccinations reduce likelihood of death and serious illness

yes in Australia it certain does according to Moinash University, their stats on all ICU administrations, yes thats all, not childrens hospitals, all ICU in Australia, science for the win again

86% administered are unvaxxed

as of September Australian ICU admittance

86% were unvaccinated (492/574)

12% had received one dose (69/574)

2% had received two doses (13/574)

https://www.monash.edu/medicine/news/latest/2021-articles/latest-figures-on-australian-icus-underscore-need-for-greater-vaccination

4 ( +9 / -5 )

1 love, nice one hitting a ball better than other people….so special.

0 ( +2 / -2 )

I wish it wasn't, but it IS behaving exactly like one, particularly the state governments pushing ideologies on their populations.

-6 ( +2 / -8 )

Newsfeed suggests Djokovic been rearrested?

0 ( +2 / -2 )

86% administered are unvaxxed

as of September Australian ICU admittance

They're counting all the ICU admittance in 2020 and early 2021 as unvaccinated.

but that was before the vaccines were even available or distributed.

Widespread vaccination in Australia started around July, let's see the data from July onwards.

Can you see how they manipulate the truth with statistical tricks.

-4 ( +1 / -5 )

The guy is unstoppable. Whether it be grass, clay or federal court. Thanks in advance.

1 ( +5 / -4 )

This is the link associated with the newsfeed

Novak Djokovic re-arrested hours after winning appeal, family claims

https://www.thenationalnews.com/sport/tennis/2022/01/10/novak-djokovic-re-arrested-hours-after-winning-appeal-family-claims/

Be aware of the sources.

-1 ( +0 / -1 )

@Stewie ... Exactly. Border Force screwed up by jumping the gun. I wonder why they did, though? They couldn't have waited a few more minutes?

1 ( +1 / -0 )

@ Rob Nads

”You and your Boomer mates in Australia cannot grasp the situation logically”

Sorry, buddy, but pro-vaccine sentiment in Australia extends to the vast majority of the population, whatever their ages. I see you’re adding ageism to your repertoire of negativity.

5 ( +8 / -3 )

Sorry, buddy, but pro-vaccine sentiment in Australia extends to the vast majority of the population, whatever their ages.

So what? That negates nothing I've said.

-5 ( +2 / -7 )

Newsfeed

Australia's Immigration minister has three hours in which to re-cancel Novak Djokovic's visa. UK Daily Express

What is crazy media circus

0 ( +0 / -0 )

The fact that he is the No.1 tennis player in the world is irrelevant. Is he human? Yes! Can he catch and spread Covid? Yes! Now we know from the trial that he is unvaccinated so why should he get special treatment? If Tennis Australia made mistakes with the advice they gave him, that's their problem and they can pay compensation if need be. In the meantime, he should be deported (unless he's better/more important than anyone else).

3 ( +8 / -5 )

Daily Express R4 JP

https://www.express.co.uk/sport/tennis/1547364/Novak-Djokovic-news-LIVE-court-appearance-Australian-Open-visa

Jordan Seward......

Police pictured outside office of Djokovic's lawyers

Pictures of the police presence outside the office of Djokovic's lawyers in Melbourne have emerged.

Djokovic is currently cooped up in their offices with police as he awaits clarification on his situation. Reports claim he has been re-arrested in the offices as the government mull over a decision to cancel his visa despite the court ruling this morning.

A total PR poo storm for all concerned.

2 ( +3 / -1 )

"The point I’m somewhat agitated about is what more could this man have done?” Kelly asked Djokovic’s lawyer, Nick Wood.

He could have gotten vaccinated. Good grief.

-2 ( +5 / -7 )

cleoToday 05:40 pm JST

what more could this man have done?

Get vaccinated?

He got COVID earlier, as such already has the antibodies, does not need the vaccine to get these antibodies, a antibody serology test (blood test) is all that is required.

4 ( +7 / -3 )

@kazungu change of shift apparently. Someone wanted to get home on time. Amateurs.

1 ( +1 / -0 )

I don't agree with the outcome. (personal opinion) And I don't think he should have been placed with asylum seekers. But he has been cleared, It's good for him, the fans of tennis and the Australian Open.

I am sure this will give him huge amounts of motivation the win the tournament. He is not my favorite person in the world, but he has endured hell since last week. Can only wish him luck in the grand slam.

1 ( +4 / -3 )

I'm not familiar with the intricacies of the Australian legal system. However, if the idea is to support the concept of anti-science just being an opinion and that rules don't apply if you're rich and powerful, way to go!

-2 ( +1 / -3 )

its just punitive and vindictive by now.

He is no more a threat to society than any vaccinated person is.

-2 ( +7 / -9 )

Looks like they'll deport him out of spite.

On another note, fully vaccinated top Australian player Kyrgios is out for catching Covid.

1 ( +4 / -3 )

You mean I can stay but I can’t play? Dooohhh!

0 ( +0 / -0 )

why did he feel the need to get tested?

Ever traveled abroad? You need a PCR test. It does not mean you think you have covid. So no need to isolate. He travels regularly, from his home in Monaco to his other home in Serbia. So he must be taking PCR tests on a regular basis. You can't claim someone is irresponsible by the rule of law. You have got to give the person the benefit of the doubt. And if you refer to his post in 2020, he did self isolate, so in some ways, he was responsible and there is no reason to believe he changed. Too many haters here. Respect human rights. And try to love other humans being a little bit more. Life will be better for everyone.

2 ( +3 / -1 )

Well, he got in, he just posted pictures from the Rod Laver arena.

2 ( +2 / -0 )

FYI. Below is a extract from other online source:

On Monday afternoon, Judge Anthony Kelly read out a minute agreed to by both Djokovic and the government, which ordered the government to pay Djokovic’s costs and release him from detention within 30 minutes.

Djokovic’s passport and personal effects must be returned to him.

The government acknowledged it had not given Djokovic enough time to make his case while he was being held after arriving in the country.

The decision to revoke his visa under Section 116 of the **Migration Act was “unreasonable”, because Djokovic had been told, at 5:20am on the morning of January 6, that he could have until 8:30am to respond to officials.**

The call to cancel the visa happened before that deadline, at 7.42am, robbing Djokovic of time he could have used to “consult others” and make further submissions on his own behalf.

3 ( +3 / -0 )

The government acknowledged it had not given Djokovic enough time to make his case while he was being held after arriving in the country.

The decision to revoke his visa under Section 116 of the ***Migration Act* was “unreasonable”, because Djokovic had been told, at 5:20am on the morning of January 6, that he could have until 8:30am to respond to officials.**

The call to cancel the visa happened before that deadline, at 7.42am, robbing Djokovic of time he could have used to “consult others” and make further submissions on his own behalf.

Oops.

Well if they want to enforce the rule they have to enforce it properly.

Especially in this case where all eyes are on it

3 ( +3 / -0 )

"rules are rules"

1 ( +2 / -1 )

Well, he got in, he just posted pictures from the Rod Laver arena.

Lucky.

Let's see if people's reactions will force further developments

0 ( +0 / -0 )

The proper time for the Australian government to deny him entry was when he applied for his visa. If they messed up and approved his visa, they must face the consequences. Putting Djokovic in a psuedo-jail is unfair, inhumane, and likens Australia to China.

-3 ( +3 / -6 )

He will not be allowed in the US unvaccinated

0 ( +1 / -1 )

You have to be pretty mad about vaccines to blow up your chances of winning $2.75M... I don't think you can play tennis on Zoom. What a moron.

-1 ( +3 / -4 )

Government lawyer Christopher Tran told the judge after the ruling that the minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, “will consider whether to exercise a personal power of cancellation.”

That would mean Djokovic could again face deportation and could miss the Australian Open, which starts on Jan 17.

Still a hope to get that antivaxxer loser deported..

-1 ( +4 / -5 )

Peter 14:

Bad decision by the court. He should be deported

Good that your opinion doesn't matter :) ! Why don't you go there and slap that bad judge's hand to teach him a lesson? Bad judge, really bad judge!

2 ( +4 / -2 )

The proper time for the Australian government to deny him entry was when he applied for his visa

Mike, you have little idea how immigration works in most of the modern world. A visa merely gives you the right to apply for entry at a country's border and if that is approved, to stay for a predetermined period of time. If any circumstances change between requesting a visa and applying for entry, the visa is invalid.

A very common case is that of Americans going to Europe as "tourists", white they declare the purpose as having a partner and wanting to get married to. Or wanting to search employment. Their visa free entry is cancelled of the spot and they're usually deported - believe it or not, I've seen this happening.

-1 ( +1 / -2 )

Australia is sending the wrong message to the world. He shouldn’t be allowed to play. He has no right to enter Australia. Rule is rule!

1 ( +2 / -1 )

To the 'rules are rules' crowd: do you think bad rules should be followed and enforced?

-1 ( +0 / -1 )

Good to see some sound judgments in times of widespread paranoia.

-3 ( +0 / -3 )

Today I have some free time, so I took that time to read all of the comments regarding the Australian judge's ruling allowing Novak Djokovic to enter Australia, despite his not being vaccinated. Some of the above comments reveal their writers to be in serious need of some upside-of-your-face realities of the world. Comments such as not needing to follow "bad rules," or "widespread paranoia" regarding Covid-19, and the just plain silly (in a pandemic) "try to love human beings a little bit more" - are they to be applied to someone who admits he was already infected by Covid-19, who is not a physician, much less an immunologist or virologist, who appeared at 2 or 3 events WHILE he was affected, who may have already spread the virus, and might still be spreading potential illness and a horrible death? As my sainted grandmother used to say, this guy (Djokovic) is a gom.

Having legally lived in France, the Republic of China and now Japan, I was always careful to follow the rules of those respective governments. Others might not believe my words, to their possible peril. I have seen foreigners arrested in public by the respective police forces for breaking administrative rules and laws. They were unceremoniously tossed into jail, then taken under guard to airports, and deported. They were, as far as I know, allowed to go to their apartments, again under guard, and given a few moments to grab what they could. No chance to say goodbye to lovers, no chances to withdraw funds from accounts, no time to say goodbye to friends and co-workers. At least in the U.S, upon arrival, the deported must reimburse the U.S. government for all related fees and expenses.

Others, above, mentioned the Australian Immigration Minister might have the final say on this. I like Australia and have travelled there. Most people I met were direct, honest and just excellent people. As for me, the overriding issue here is health. Let's love the Australian people and not allow a possible Covid-19 bearer to infect them. God save all here.

-1 ( +0 / -1 )

I have zero sympathy and respect for this guy.

2 ( +3 / -1 )

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