Novak Djokovic has been issued with a warning that if he wins his case today, that won’t protect him from the federal government.
The tennis world champion is fighting his visa cancellation that occurred after his medical expedition from a COVID vaccination was deemed insufficient.
Djokovic has been waiting it out in a detention hotel until his court case is adjourned at 10am today.
His lawyers submitted a 35-page document over the weekend arguing that his visa was wrongly cancelled and should be reinstated so he can compete in the Australian Open.
But, Australia’s Home Affairs Department have responded with a 13-page document arguing Djokovic’s lawyer’s points.
“There is no such thing as an assurance of entry by a non-citizen into Australia” the document stated.
“As for material given to the applicant by the Department, it had not represented to the applicant that his so-called ‘medical exemption’ would be accepted,”
“If the Court makes an additional orders for immediate release of the applicant, notwithstanding the above, the respondent submits that the Court should make it expressly clear that that order does not purport to (nor could it) prevent the respondent or any officer of the Commonwealth from exercising any power to detain that might be available to him or her despite the quashing of the delegate’s cancellation decision,”
“An order for immediate release does not prevent re-detention if there is power to detain.” the submission said.
Update as of 3.15pm
The court heard that before and after arriving in Melbourne, Djokovic received a medical exemption from a professor and an “eminently qualified physician” to support his claim he had a medical contraindication to a COVID-19 vaccination.
Judge Kelly also pointed out that Djokovic had an exemption from an independent expert panel established by the Victorian government.
It sounds like the judge is looking kindly upon the sporting superstar and is getting frustrated with the whole matter.
“The point I’m somewhat agitated about is what more could this man have done?” the judge said.
Transcripts from the hearing have shown that the world’s best tennis player’s lawyers said: “He had done absolutely everything that he understood was required in order for him to enter Australia.”
As the court hearing has gone on it has been adjourned once again due to a shitty connection. How’s that NBN plan going Scotty?
As Djokovic was watching the hearing from his detention hotel room, he has officially been moved to a location with a better connection as per the order from Federal Circuit Court Judge Anthony Kelly.
“The respondent, by her servants or agents, including the Australian Border Force, take all steps and do all things as may be necessary to bring the applicant to premises as specified by the applicant’s solicitors on Monday, 10 January 2022 (and each day thereafter, including upon the delivery of judgment), to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing,” the order reads.
If Aussies were upset before, likening Djokovic’s position to that of asylum seekers and refugees in the same detention camp, you can imagine the response to this scene change due to a bad connection.
