Tuesday, August 9, 2022

Clear verdict: Novak Djokovic lost in court and deported from Australia

Novak Djokovic will be moved from the Park Hotel to his law firm’s offices in Rialto Tower for the duration of the trial.Build: Keystone

Novak Djokovic, who cannot take part in the Australian Open, has upheld his visa cancellation and deportation from Australia by a federal court. The decision cannot be appealed.

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16.01.2022, 08:5316.01.2022, 14:06

Simon Haring / CH Media

Australia’s federal court rejects Novak Djokovic’s appeal against visa suspension and extradition. The 34-year-old Serb is being deported and has to bear the cost of the proceedings. A panel of Chief Justice James Allsop and Justices Anthony Besink and David O’Callaghan made the decision at 5 p.m. local time on Sunday. The decision is final and cannot be appealed now. Novak Djokovic will have to leave Australia immediately instead of trying for his 21 Grand Slam titles at the Australian Open from Monday.

The talks became necessary after Immigration Minister Alex Hawke on Friday exercised his discretionary power, personal right to revoke and revoke Djokovic’s visa. His lawyers had achieved a necessary process in the context of the Australian Open, which begins on Monday. But Djokovic had bad cards because it was not the minister who had to provide evidence for his views, but Djokovic had to convince the court that there was no threat to the health and safety of the population.

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Meaning: In the process, there was a reversal of the general jurisdiction in our country. Instead of “innocent until proven guilty”, the principle of “guilty until proven guilty” was used.

The hearing took place online.

The hearing took place online.Build: Screenshot

Hawke did not take into account whether a recent Covid-19 infection would exempt Australia from vaccination, as claimed by the tennis player. He argued that Djokovic had expressed doubts about vaccination in the past when he said: “I am against vaccination and I don’t want anyone to force me to take the vaccine just to be able to travel. I I want to decide what’s best for my body.”

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Novak Djokovic’s lawyer Nick Wood responded that the statement in a BBC article was taken out of context. The 34-year-old also said that while he was “not an expert”, he wanted to “keep an open mind” and choose the option that best suits his body.

“He could have been vaccinated long ago”

“He could have been vaccinated earlier or later. Anyone who hasn’t been vaccinated so far doesn’t want it.” Furthermore, Djokovic had already expressed his negative opinion on not being vaccinated, said attorney Stephen Lloyd, who represented Immigration Minister Alex Hawke. Djokovic passed on an infection in December and should therefore be exempted from compulsory vaccination for medical reasons. A recent infection is not a contraindication, Lloyd said.

Immigration Minister Alex Hawke canceled Djokovic's visa.

Immigration Minister Alex Hawke canceled Djokovic’s visa.Build: Keystone

Djokovic’s lawyers complained that the immigration minister did not listen to him on his current situation. Furthermore, Novak Djokovic took no extreme positions and never came across as an opponent of vaccination.

Lloyd said it was not conclusive whether Djokovic would comment on vaccination. A hearing was not indicated because Djokovic’s behavior during the pandemic will speak for itself. Djokovic, having learned of his infection, gave an interview, did not inform journalists, defied isolation and thus violated the infection protection law in Serbia. The Serb also defied measures in previous months, for example during the Adriatic Tour, which began in the summer of 2020.

Novak Djokovic was trying to enter the country at Melbourne's Tullamarine airport on the night of January 5.

Novak Djokovic was trying to enter the country at Melbourne’s Tullamarine airport on the night of January 5.Build: IMAGO / AAP

Djokovic as “a symbol of opponents of vaccination”

The 34-year-old has become an “icon for opponents of vaccination”. Their stay in Australia contributes to anti-vaccination sentiment and can lead to social unrest. Opponents of vaccination demonstrated in front of the Australian Open facility at Melbourne Park on Saturday.

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On Monday, a clash broke out in front of the Rialto Tower between Djokovic’s supporters and the police, who had to use paper spray. In the offices of his law firm Hall & Wilcox, the Serb followed an appeals process against his first visa clearance, which was assessed by the court as procedural and illegal.

Djokovic’s lawyers objected that the tournaments the Serb has played in in recent months have not set the mood against vaccination. However, they failed to note that the Australian Open is the first tournament to require full vaccination. Furthermore, Melbourne, which has been in lockdown longer than any other city in the world at 262 days, is currently in the deadliest wave of the pandemic.

Djokovic’s lawyers also claimed possible social unrest if Djokovic was deported. Hawke did not give sufficient importance to this risk in his view. Lloyd disagrees. Hawke took that risk into account very well. Lloyd argued, “Australia should not be forced to tolerate the presence of a foreigner because it fears a reaction in the event of deportation.”

Novak Djokovic has won the Australian Open nine times, most recently four in a row. He was aiming for his 21st Grand Slam title in Melbourne – sharing the previous record with Rafael Nadal and Roger Federer. (aargauerzeitung.ch)

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Source: photopress archive/str

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Video: Watson

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