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Djokovic gets medical exemption while Indian teen denied entry to Aus Open.

362 replies

CaliforniaDrumming · 05/01/2022 16:10

Vaccine inequity in operation. Novak Djokovic gets a medical exemption from being vaxxed for the Australian Open, while a 17-yr-old Indian player is denied entry because India has not begun vaccinating the under 18.

gulfnews.com/sport/tennis/australian-open-indian-tennis-teen-slams-double-standards-on-djokovic-1.84772010

OP posts:
OverTheRubicon · 10/01/2022 08:44

Everyone should be able to play/work/move freely regardless of their medical status.

Really? So... Ebola? SARS? Going unvaccinated into a measles outbreak area and then back on a plane? Agree that Australia is draconian at this point, but that doesn't mean that all rules should go.

Florianus · 10/01/2022 08:44

“Rules are rules” and the court found Djokovic didn’t break any so why in the world would this government pursue it further!

The court didn't rule on whether or not Djokovic broke any rules. The judge simply decided that he had not been given sufficient time to consult his lawyer or Tennis Australia, and for that reason he must no longer be held in custody. Now he is released he can be arrested for entering Australia illegally, should the federal government thus decide.

BashStreetKid · 10/01/2022 08:48

I can't see any basis on which the state can just decide to ignore the court's ruling. Ultimately it's contempt of court. Even if they claim to be removing him on other grounds, they should have raised that as an argument in court.

MaxNormal · 10/01/2022 08:49

The spite around this case is disturbing. Shows how you can make anything acceptable if you whip people up enough.

BashStreetKid · 10/01/2022 08:49

Ah, cross posting. Having seen Florianus' post, I realise there hasn't been a specific ruling that he must not be deported.

Itsnotover · 10/01/2022 08:52

In the end it's always one rule for the rich and famous and another for the plebs. Which is why our own government think they are above the law as well.

Alondra · 10/01/2022 09:02

It's not over until it's over....

"What happens next for Novak Djokovic

As was said earlier today, Immigration Minister Alex Hawke could still cancel Novak Djokovic's visa.

Immigration lawyer John Findley told ABC News this could happen if the tennis star was found to have provided false information on his visa application.

"The Immigration Act is a complicated act, and there are quite a few cancellation powers available to the government, to the Immigration Department," he said,

"One of those powers relates to an application that contained false information. That power still remains open to the minister (Alex Hawke), if it's found Mr Djokovic provided false information.

"If the visa is cancelled under those conditions, Mr Djokovic would be barred from entering Australia for three years."

What happens next for Novak Djokovic?
As was said earlier today, Immigration Minister Alex Hawke could still cancel Novak Djokovic's visa.

Immigration lawyer John Findley told ABC News this could happen if the tennis star was found to have provided false information on his visa application.

"The Immigration Act is a complicated act, and there are quite a few cancellation powers available to the government, to the Immigration Department," he said,

"One of those powers relates to an application that contained false information. That power still remains open to the minister (Alex Hawke), if it's found Mr Djokovic provided false information.

"If the visa is cancelled under those conditions, Mr Djokovic would be barred from entering Australia for three years."

What happens next for Novak Djokovic?
As was said earlier today, Immigration Minister Alex Hawke could still cancel Novak Djokovic's visa.

Immigration lawyer John Findley told ABC News this could happen if the tennis star was found to have provided false information on his visa application.

"The Immigration Act is a complicated act, and there are quite a few cancellation powers available to the government, to the Immigration Department," he said,

"One of those powers relates to an application that contained false information. That power still remains open to the minister (Alex Hawke), if it's found Mr Djokovic provided false information.

"If the visa is cancelled under those conditions, Mr Djokovic would be barred from entering Australia for three years."

www.abc.net.au/news/2022-01-10/novak-djokovic-live-court-hearing-jan-10/100747106

Itsnotover · 10/01/2022 09:07

From what I can see, he's arguing that he should be exempt on the grounds that he's had covid recently and that he therefore has antibodies.

The thing is though if you still need to be vaccinated, why should the rules differ for him. I should imagine that ordinary citizens could not afford to lawyer up and promote this circus the way he has.

Alondra · 10/01/2022 09:13

News are breaking he's been arrested again. If it's true it means the Australian government is going ahead with cancelling Djokovic visa for providing false information.

This is riveting....where is the popcorn?

FlibbertyGiblets · 10/01/2022 09:37

I don't know what to think.

Kohby190 · 10/01/2022 09:55

@Florianus
No, I watched the whole livestream and the judge was quoted as saying “what more could the man have done?”
He ticked every box that allowed him to enter, he had all documents to show the federal government had granted him a visa. How is he or anyone to know that the government would simply change their mind upon arrival.
The interrogation matter by abf was a separate issue and one that they may take up further if necessary.
He has done nothing wrong.

Regarding the Ebola statement, with all due respect, this isn’t Ebola. Also do you find it ironic that Nick Kyrios has just tested positive and may not be able to play the AO. You can’t make this stuff up!

Florianus · 10/01/2022 10:14

He has done nothing wrong

That is NOT what the Australian court decided. It ruled that the Australian Border Force had not allowed Djokovic sufficient time to consult a lawyer and that he must therefore be released from detention.

The matter is thus back to square one and the Australian authorities may arrest Djokovic for illegal entry (some reports say they have already done so).

DontWantTheRivalry · 10/01/2022 10:20

What I don’t get is, if he hadn’t had have Covid so therefore didn’t qualify for that exemption, how was he planning on going to the tournament unvaccinated anyway?!

Florianus · 10/01/2022 10:29

For anyone still confused, there are clear explanations of what the court case decided in online newspaper sites such as:
metro.co.uk/2022/01/10/how-novak-djokovic-won-his-court-case-against-the-australia-government-15891621/

"the judge’s call hinged on a technicality, concerning the way in which the border force implemented the rules, rather than an outright declaration that Djokovic should have been completely free to enter the country all along."

Kohby190 · 10/01/2022 10:47

Here’s an even better rundown on the days events including chaotic scenes of pepper spray again being used on protesters/supporters.

Alex Hawke is still reserving the right to deport him and will revisit the issue tomorrow. Djokovic is a free man for now.

www.theguardian.com/sport/live/2022/jan/10/novak-djokovic-appeal-federal-circuit-court-cancellation-australian-visa-covid-vaccination-live-updates

Kohby190 · 10/01/2022 10:48

@DontWantTheRivalry
He said that he wouldn’t have made the trip to Australia if he didn’t get the exemption.

Itsnotover · 10/01/2022 10:55

@DontWantTheRivalry

What I don’t get is, if he hadn’t had have Covid so therefore didn’t qualify for that exemption, how was he planning on going to the tournament unvaccinated anyway?!

He probably would have come up with some other dubious way to prove he's exempt.

IndigoC · 10/01/2022 11:02

I agree with Kevin Rudd. This is a dumb international circus sparked by Morrison to distract from his government’s Omicron failings.

Whatever you think about Djokovic (and I don’t think much), his visa cancellation was wrong in law. I watched some of the Federal Court stream and it’s clear that Djokovic did everything required by him to meet the entrance requirements.

Alondra · 10/01/2022 11:31

@IndigoC

I agree with Kevin Rudd. This is a dumb international circus sparked by Morrison to distract from his government’s Omicron failings.

Whatever you think about Djokovic (and I don’t think much), his visa cancellation was wrong in law. I watched some of the Federal Court stream and it’s clear that Djokovic did everything required by him to meet the entrance requirements.

If it was a distraction, it's had the opposite effect. I detest Morrison but I never though Australian Immigration will lose this one.

Apparently there are clashes betwen Djokovic fans and the police in Melbourne. This is going to be one hell of tournament.

whynotwhatknot · 10/01/2022 11:44

so hes out for now

if he gets to stay i think there will be a revolt

kittensinthekitchen · 10/01/2022 11:47

How long does an Australian visa application (of the type needed) take to be completed?

There were documents that the application had been made prior to his December 16th positive PCR result.

I would assume his application for a visa with an exemption based on Covid infection would need to have been filed after 16th December. Is that enough time for processing?

Medinae · 10/01/2022 12:22

It's incredible they've allowed Novaxx Jokavitch to stay. I hope they repeal this visa too.

JessyCarr · 10/01/2022 14:04

@Medinae

It's incredible they've allowed Novaxx Jokavitch to stay. I hope they repeal this visa too.
He hasn’t been allowed to stay. His detention and visa cancellation have been revoked on the basis of procedural defects during his overnight questioning at the airport. The relevant minister is expected to decide tomorrow whether the visa will be recancelled or not.
Florianus · 10/01/2022 15:33

@IndigoC

I agree with Kevin Rudd. This is a dumb international circus sparked by Morrison to distract from his government’s Omicron failings.

Whatever you think about Djokovic (and I don’t think much), his visa cancellation was wrong in law. I watched some of the Federal Court stream and it’s clear that Djokovic did everything required by him to meet the entrance requirements.

As I understand it, Djokovic attempted to use a clause (Covid infection within the last 6 months) that is applicable only to Australian citizens. As far as I know, Djokovic is not a citizen of Australia so the Australian government still have the right to refuse him entry.