Novak Djokovic's entry to Australia rejected, tennis star to be flown out later today

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#2850176 13-Jan-2022 15:16

apparently he shouldn't get into spain either as they don't allow unvaccinated tourists, though he has a house there maybe he's not a tourist?

https://www.dailymail.co.uk/news/article-10396531/Novak-Djokovic-trouble-country-not-having-exemption-travel-Spain.html

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#2850381 14-Jan-2022 08:29

Kyanar:

There is an exemption from travel restrictions (as you know, only specified classes of people can travel to Australia, and approval to travel must be applied for in advance) but a 408 visa grants an automatic exemption to that too if fully vaccinated (or "considered fully vaccinated" which is a stupidly vague description, which has a different meaning depending who you ask).

I think that is the cause of this whole drama. Initially he was told that having had and recovered within six months would be "considered fully vaccinated" so traveled under that advice. But at the border the border police didn't agree so in their eyes he didn't meet the requirements.

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#2850695 14-Jan-2022 12:54

i have a theory. they are waiting for the day he plays to serve him notice so that he will be in custody and forfeit his first round match?

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#2850711 14-Jan-2022 13:20

Batman:

i have a theory. they are waiting for the day he plays to serve him notice so that he will be in custody and forfeit his first round match?

Well ScoMo said the immigration minister will be making a statement later today after his department sequestering themselves and running through the proper process

Got the feeling the smart money is on his ass being told leave and don't talk shit, or be prosecuted for perjury and faking visa stuff

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#2850770 14-Jan-2022 13:42

While his detainment was incorrectly carried out, he's shot himself in the foot since. Bye

I read 80+% are against him staying, the PM would like to see a one rule for all carried out, thats where it sits IMO. The Spain thing, the easily ticked boxes that weren't and not complying with some Covid stuff overseas might be the end of it.

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#2850904 14-Jan-2022 16:07

CruciasNZ:

Batman:

i have a theory. they are waiting for the day he plays to serve him notice so that he will be in custody and forfeit his first round match?

Well ScoMo said the immigration minister will be making a statement later today after his department sequestering themselves and running through the proper process

Got the feeling the smart money is on his ass being told leave and don't talk shit, or be prosecuted for perjury and faking visa stuff

he will challenge it in court. he has the right to challenge it. and he will. so i'm thinking they don't want to serve notice too early, make sure he's in custody waiting for his day in court while his match clock is ticking. that would be one very easy way to ensure the govt wins regardless of the court outcome.

i don't know if you watched the trial, i did. his lawyers are top dogs. govt lawyer pretty much useless. he told judge he agreed with novac lawyers and is not countering their arguments.

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#2850914 14-Jan-2022 16:20

Batman:

he will challenge it in court. he has the right to challenge it. and he will. so i'm thinking they don't want to serve notice too early, make sure he's in custody waiting for his day in court while his match clock is ticking. that would be one very easy way to ensure the govt wins regardless of the court outcome.

i don't know if you watched the trial, i did. his lawyers are top dogs. govt lawyer pretty much useless. he told judge he agreed with novac lawyers and is not countering their arguments.

Not so fast. The government's lawyer did mention one thing that's quite important, and that was that the Minister may exercise his personal authority under 133(a) of the Migration Act, which states that if the Minister is satisfied that there are grounds under 109 of the Migration Act and it is in the public interest to do so, then he may cancel that person's visa and the principles of natural justice do not apply. What this means is there is no right of reply, no requirement to extend procedural fairness principles, and just as importantly the bar to challenging it becomes literally impossible as what must then be proven is that the Minister was not subjectively satisfied that grounds existed to cancel the visa (even proving the grounds didn't exist wouldn't work, since all the government needs to prove is that the Minister was satisfied that they did).

The government lawyers agreed with ND's lawyers because on the particular points they were arguing, they were right (that the process was not correctly followed).

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#2850927 14-Jan-2022 16:43

Ah I stand corrected

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#2850971 14-Jan-2022 19:14

Batman:

i don't know if you watched the trial, i did. his lawyers are top dogs. govt lawyer pretty much useless. he told judge he agreed with novac lawyers and is not countering their arguments.

Govt position was a fail, you can't get a good lawyer and get off a fail, especially when you deny rights

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#2850972 14-Jan-2022 19:28

Kyanar:

Not so fast. The government's lawyer did mention one thing that's quite important, and that was that the Minister may exercise his personal authority under 133(a) of the Migration Act, which states that if the Minister is satisfied that there are grounds under 109 of the Migration Act and it is in the public interest to do so, then he may cancel that person's visa and the principles of natural justice do not apply. What this means is there is no right of reply, no requirement to extend procedural fairness principles, and just as importantly the bar to challenging it becomes literally impossible as what must then be proven is that the Minister was not subjectively satisfied that grounds existed to cancel the visa (even proving the grounds didn't exist wouldn't work, since all the government needs to prove is that the Minister was satisfied that they did).

The government lawyers agreed with ND's lawyers because on the particular points they were arguing, they were right (that the process was not correctly followed).

After the case, that won't stand. But with the revelations since, I hope they do

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#2850975 14-Jan-2022 20:01

And the minister has revoked his visa. Game set and match ??

https://www.stuff.co.nz/sport/tennis/127477194/australian-open-novak-djokovics-visa-cancelled-by-immigration-minister-alex-hawke

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#2850977 14-Jan-2022 20:10

JaseNZ:

And the minister has revoked his visa. Game set and match ??

https://www.stuff.co.nz/sport/tennis/127477194/australian-open-novak-djokovics-visa-cancelled-by-immigration-minister-alex-hawke

This is only the Start he has well funded lawyers who will drag this out, all at the cost to whom? Tennis Australia or The Australian Tax Payer

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#2850978 14-Jan-2022 20:10

JaseNZ:

And the minister has revoked his visa. Game set and match ??

https://www.stuff.co.nz/sport/tennis/127477194/australian-open-novak-djokovics-visa-cancelled-by-immigration-minister-alex-hawke

Probably - the powers under that section are broad and providing the minister can show he's followed a proper process then there isn't a lot that can be done.

There might be some injunctions but it's unlikely to be overturned in the end.

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#2850979 14-Jan-2022 20:12

JaseNZ:
And the minister has revoked his visa. Game set and match ??

https://www.stuff.co.nz/sport/tennis/127477194/australian-open-novak-djokovics-visa-cancelled-by-immigration-minister-alex-hawke

Depends if his match will be postponed so he can appeal to the supreme Court or some other court, or if his match is forfeited while in custody.

I'm sure he waited till end of working day on Friday so that he didn't have a few working days to get through the courts. Very wily. Very very wily.

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#2850980 14-Jan-2022 20:16

Batman:

I'm sure he waited till end of working day on Friday so that he didn't have a few working days to get through the courts. Very wily. Very very wily.

Yeah that is what I was thinking, Does that mean now he has to go back into detention ??

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