Threat to ‘re-detain’ Djokovic if star wins visa fight

Lawyers representing the government and Djokovic will face each other in Federal Court from 10 a.m. on Monday in a case that will be followed around the world. On Sunday evening, the government filed a 13-page brief defending its decision to expel the world number 1. vaccination exemption requirements. He also claimed that being unvaccinated, Djokovic posed an “increased health risk” of spreading the virus to others and “further weighing down the health care system”. Lawyers for the minister said that even if the court ruled in favor of Djokovic, it would be “inappropriate” for him to make other orders, including the release of the tennis star or the postponement of his visa application. . They argued that even if it won the case, the government could decide to “make another cancellation decision” and had “other powers” at its disposal. If the court ordered his immediate release, this order could not prevent the government “from exercising any power of detention that may be available … despite the overturning of the decision to quash the delegate,” the documents say. “An immediate release order does not prevent re-detention if there is a power to detain.” The Herald Sun revealed online Sunday that Home Secretary Karen Andrews on Saturday filed the hearing was adjourned until Wednesday – just five days before the tournament began. But Djokovic’s team, which includes two top QCs, opposed the request and the adjournment was later denied by Judge Anthony Kelly. Senior lawyer Justin Quill said the Serbian star was in the lodge, after Djokovic’s legal team argued in court submissions that the visa cancellation would have an “extremely damaging effect” on him, personally and professionally. Mr Quill, a media attorney for the large law firm Thomson Geer, said the government was “clearly pushing itself into the mix” and on the “back foot”. Quill said. The government’s attempt to delay the case follows Djokovic’s detailed legal submission presented on Saturday night. He spent Sunday running around making his own arguments before 8 p.m. Djokovic’s legal team had argued that an assessment of the Australian travel declaration sent to him on January 1, before boarding his plane, indicated that he had met the requirements for an arrival without quarantine. in Australia. . But the government maintains that the assessments, which are computer generated in 60 seconds, only give travelers an indication of their eligibility and do not validate their documents. talk to his lawyer, after 25 hours of transit and several hours of questioning. He would have expressed his “confusion” as he thought he had done everything necessary to enter. The Djokovic case also said the minister misapplied ATAGI’s “advice” that a recent Covid infection was a valid medical reason for not having the vaccine or had ignored the advice and allegedly from. And his lawyers argued that the Australian Border Force delegate was wrong in proceeding on the basis that Djokovic had to prove his medical reason for not being vaccinated, instead of simply stating that he had the evidence – and then deciding that he had violated a requirement. The case further claimed that the notice given to Djokovic that the Minister intended to cancel his visa did not set out valid grounds as he confused two separate grounds in the migration law. and made a new one. This invalidated the decision as the minister never felt he posed a risk to Australia’s health and safety – and therefore had no authority to revoke the visa. Mr Quill said the matter should not involve a simple stay or departure. “The most likely outcome is that it will be sent to the minister to make a decision according to the law,” he said. If he loses, there are fears that Djokovic will be banned from re-entering the country until at three years old under strict immigration laws, meaning he couldn’t compete in the Australian Open until 2025. It comes as footage of Djokovic attending public events, just one day after he reportedly returned a positive Covid test. Court documents allege the result was received on December 16, but social media posts for the next two days show it at events celebrating a stamp made in his honor and hugging the kids at an awards ceremony.

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