Here’s what could happen if Australia revokes Djokovic’s visa again
Here’s what could happen if the Australian government revokes Djokovic’s visa again
Though Novak Djokovic’s visa was reinstated on Monday and he was released from detention, Australia’s immigration minister could still revoke his visa again and begin deportation proceedings.
Justin Quill, a partner with an Australian law firm in Melbourne, provided some insight on what to expect in this legal standoff.
Why is the decision taking so long? The government “already suffered a big embarrassment on Monday when they had to dramatically capitulate in the federal court,” Quill told CNN. “They just can’t afford, from a popularity point of view, to have that happen again.” That may be partly why Immigration Minister Alex Hawke is delaying his decision — and also partly because, with such high stakes, the government wants to create a watertight case.
Could Djokovic appeal again? Yes — even if Hawke chooses to revoke Djokovic’s visa, the tennis star could request a temporary injunction from the judge. During that extra time, he could stay in the country and appeal the decision. But “you can’t just appeal because you want to appeal,” Quill said — Djokovic would have to show the judge he has valid grounds to protest the decision.
Could the government let Djokovic stay? Hawke might choose to let the tennis star stay in the country if the government doesn’t have a strong enough case to deport him. They “might not be able to actually pull the trigger … because they might think this isn’t absolutely bulletproof,” Quill said.
When is the decision deadline? There isn’t one, from a legal standpoint. But waiting until the tournament is underway to revoke Djokovic’s visa would be a PR and political “disaster” for the government, Quill said — so we’ll likely see a decision either way before the Australian Open starts on Monday.
Victoria Premier ahead of Australian Open: “Just get vaccinated”
Victoria state Premier Daniel Andrews weighed in on the Djokovic controversy Thursday with an unequivocal message: “Just get vaccinated.”
“That’s what I say to every single Victorian. That’s what I’ve done. That’s what my kids have done. That’s what families (have done). Ninety-three percent of our community has done this and I’m very proud of them, I’m very grateful,” he said.
But, he added, “we’ve got quite a way to go.”
The booster shot rollout is still ongoing, while Australia grapples with record daily new cases. New South Wales and Victoria, where Australian Open host city Melbourne is located, have been particularly hard hit.
“Rather than focusing on one person — and that tournament, by the way, is a lot bigger than any one person, it’s called a grand slam for reason — it’s bigger than any one person. Just like the safety of our community is bigger than any one person,” Andrews said.
Djokovic has been drawn against fellow Serb Miomir Kecmanovic in the first round
If he’s allowed to stay in Australia, nine-time Australian Open champion Novak Djokovic will begin his title defense with a first-round match against fellow Serb Miomir Kecmanovic.
Former world No. 1 Rafael Nadal is on the same half of the draw as No.1 seed Djokovic, but the two would not meet until the semifinals if both players get that far.
Nadal, seeded sixth, is scheduled to face American Marcos Giron in the first round. Of the Spaniard’s 20 major titles, just one is an Australian Open title, back in 2009.
Australian PM Scott Morrison sidesteps question about Djokovic’s visa
Australian Prime Minister Scott Morrison batted away a question from a reporter about Novak Djokovic’s visa status at a news conference in Canberra on Thursday.
Morrison was asked why a decision hadn’t been made yet on whether the Australian government would revoke Djokovic’s reinstated visa.
“I refer to Mr. Hawke’s most recent statement and that position hasn’t changed,” he said, referring to Immigration Minister Alex Hawke, who could still decide to deport Djokovic. “These are personal ministerial powers able to be administered by Minister Hawke, and I don’t propose to make any further comment at this time.”
Veiled comments: Later in the news conference, Morrison received a thinly veiled question about Djokovic from a reporter, who asked whether unvaccinated non-citizens allowed into the country should be able to keep their visa — the very question Australian authorities have been grappling with since Djokovic landed in Melbourne last week.
The policy of requiring all international arrivals to be either fully vaccinated or have a medical exemption “hasn’t changed,” Morrison replied. “Of course, we will be expecting authorities to be implementing the policy of the government when it comes to those matters.”
Visa vs. vaccination requirement: As part of his legal defense, Djokovic’s team argued he had received his visa months ago, as well as an approved travel declaration that cleared him for quarantine-free travel — prompting some to wonder why his visa had been approved in the first place if he hadn’t met the vaccination requirement.
“(For) people who are coming to Australia … they may have acquired a visa recently, they may have acquired a visa some time ago,” Morrison said.
“That’s why it’s important to distinguish between the visa and then the condition to enter the border. They’re not one and the same thing, and they’re often conflated and shouldn’t be. They’re two things. You can have a visa, just like you can be a citizen or a resident returning — and the condition for you to come in and what happens after that will depend on vaccination status.”
Novak Djokovic is officially the No. 1 seed in the Australian Open men’s singles draw
The Australian Open men’s singles draw is underway, and World No. 1 Novak Djokovic is officially is listed as the No. 1 seed for the upcoming tournament.
The women’s singles draw has been completed. A potential fourth-round matchup could pit World No. 1 Ash Barty against defending champion, Naomi Osaka.
Osaka, seeded 13th, will begin her title defense with a first-round match against Camila Osorio of Colombia. Barty’s first-round opponent will be a qualifier.
Australian Open draw rescheduled to 4:15 p.m. local time
From CNN contributor Ben Rothenberg in Melbourne, Australia
After being postponed earlier today, the draw for the Australian Open has been moved to 4:15 p.m. local time in Melbourne (12:15 a.m. ET).
The Australian Open draw has been postponed
From CNN contributor Ben Rothenberg in Melbourne, Australia
The Australian Open draw, which had been scheduled to begin at 11 p.m. ET (3 p.m. local time), has been postponed until further notice. No reason was given to media in attendance.
It’s 3 p.m in Melbourne, where Novak Djokovic is waiting for a visa decision. Here’s what you need to know
If you’re just joining us, here’s everything you need to know.
What: The draw for the Australian Open takes place today, but all eyes are on the country’s Immigration Minister Alex Hawke, who may decide in the coming hours whether or not to revoke tennis superstar Novak Djokovic’s reinstated visa and deport him — which could spark another legal standoff.
Djokovic arrived in Australia last week, only to have his visa canceled and face temporary detention because he did not have a valid medical exemption for the Covid-19 vaccination requirement for all arrivals. A judge on Monday ruled he should be allowed to stay and he was released from detention.
Where: The tournament takes place in Melbourne, where Djokovic arrived last week and has been training after his release on Monday.
Why Djokovic was detained: All international arrivals to Australia are required to be vaccinated — which Djokovic is not — unless they have a medical exemption. The government argued he didn’t have a valid exemption to the requirement.
Djokovic said he was under the impression he could enter because tournament organizers had granted him a medical exemption on the grounds he had been infected with Covid-19 in December, his visa had been approved ahead of arrival, and he had been cleared for quarantine-free travel.
Why the judge ruled in his favor: The government hadn’t given Djokovic enough advance notice about the cancellation of his visa or time to prepare materials in his defense, the judge said. After his arrival, Djokovic was told he would have a few hours to prepare — but the government decided to cancel his visa before the deadline they had given.
When: Djokovic tested positive in mid-December, and recovered enough to receive a medical exemption from Tennis Australia on December 30, according to court documents. He arrived in Australia on January 5, and was promptly placed in detention. He was released on Monday, January 10. The tournament runs from January 17-30.
Australian deputy prime minister: Djokovic “has to abide by the laws”
From CNN’s Hannah Ritchie in Melbourne, Australia
Australia’s Deputy Prime Minister Barnaby Joyce said tennis star Novak Djokovic “has to abide by the laws” in an interview with CNN affiliate Nine News.
“The vast majority of Australians … don’t like the idea that another individual, whether they’re a tennis player or the king of Spain or the queen of England, can come up here and have a different set of rules to what everybody else has to deal with,” Joyce said, adding that whether people agree with the rules or not, they believe rules should be followed.
“That was the issue with Novak Djokovic,” the deputy prime minister said, “I think that the rules that one person follows is the rules everybody should follow. [Djokovic] is still a child of God like the rest of us, isn’t he? So he has to abide by the laws.”
Australian opposition leader Anthony Albanese said the situation with Djokovic’s visa has been “diabolical” for Australia’s reputation.
“How is it that a … visa was granted in the first place? This has been diabolical for Australia’s reputation, just in terms of our competence here and it is extraordinary that — as we are speaking — we still don’t know what the decision will be,” he said.
He added: “The decision should have been made before he was granted a visa. Either he was eligible or he wasn’t. Australia has a policy of not allowing unvaccinated people into Australia. It is beyond my comprehension how we have got to this point. … Why is it those checks and balances weren’t in place for … someone so prominent?”
Source: https://www.cnn.com/asia/live-news/novak-djokovic-australia-visa-01-13-22/h_38dd32159fb0388ac94effe4a7b25958
