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Djokovic gets a vaccination waiver for the Australian Open

unassuming

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Immigration minister has final say, it's not over yet. I was a Djokovic fan, I have lost all respect for him now.

Australia has had the most restrictive lockdowns outside of China. Australians are pissed of at him, what makes him soooo special to be able to stay while being unvaccinated?

Hope he gets booted out!!!!
 

harryass

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Oct 27, 2010
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yip, what a joke. Its nothing but the Joker's ego and bank account. Boo Novax!
 

bver_hunter

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But Djokovic's family had a conference with the reporters. The reporters asked them whether Djokovic tested positive and then attended various events from a day after he was infected. They refused to answer the questions and abruptly ended the meeting!!
 

mandrill

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I don't think this story is over yet. It is quite possible, and maybe even likely, that a different ministry can reject his visa for different reasons.

I heard one report that if a head of a particular ministry personally rejects the visa, Novax would not be allowed in the the country for 3 years.

I think it depends how badly the PM wants to let the people of the country (who will be voting soon) see how serious he is that the rules apply to everybody. Even if he loses the battle, it would still look good to the electorate if he forces the issue.
I don't think they'd have the brazen balls to do it after the judge essentially found that they had not played fair with the ban.
 

shack

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Natural immunity is a real thing. Especially someone who has just recently gotten over the virus.
Regardless, a sovereign gov't has the right to decide the parameters by which someone is allowed to enter their country.
 

shack

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I don't think they'd have the brazen balls to do it after the judge essentially found that they had not played fair with the ban.
The judge discussed procedural issues. It does not change the fact that the federal gov't says that having an infection within 6 months of entering the country does not qualify as a qualification for a visa. He never qualified prior to any procedural issues.

The federal immigration minister has the personal ability to deny a visa at his discretion. And if he does so, Novax cannot come back to Oz for 3 years.

As for the balls, I suspect the citizens of Oz, who put up with some of the strictest rules for the last 2 years, would praise the gov't for holding a star athlete to similarly stringent standards. I think the gov't would face MORE backlash by letting him just waltz into the country unchallenged.
 
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mandrill

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The judge discussed procedural issues. It does not change the fact that the federal gov't says that having an infection within 6 months of entering the country does not qualify as a qualification for a visa. He never qualified prior to any procedural issues.
It was a disastrous ruling. "Procedural", sure. But essentially it amounted to the judge saying that Djok was railroaded and the whole procedure was corrupt and unfair.
The federal immigration minister has the personal ability to deny a visa at his discretion. And if he does so, Novax cannot come back to Oz for 3 years.
Nah. The judge always has the last call and will royally kick the shit out of the minister if he tries to do it. "Discretion" is subject to dozens of legal rules and the judge interprets and applies them.
As for the balls, I suspect the citizens of Oz, who put up with some of the strictest rules for the last 2 years, would praise the gov't for holding a star athlete to similarly stringent standards. I think the gov't would face MORE backlash by letting him just waltz into the country.
I'm quite sure they would and I suspect that is why it was tried. But now the government has totally shat its pants all down its leg and into its shoe and its completely fucked away its chances.
 

shack

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It was a disastrous ruling. "Procedural", sure. But essentially it amounted to the judge saying that Djok was railroaded and the whole procedure was corrupt and unfair.
He may have been railroaded at the airport, but according to the federal regulations he never qualified prior to, upon, or any time after arrival. The railroading had no effect on that matter.

Nah. The judge always has the last call and will royally kick the shit out of the minister if he tries to do it. "Discretion" is subject to dozens of legal rules and the judge interprets and applies them.
Maybe you heard different than I did. Even tonight I heard that the Immigration minister at his own discretion can decide if he allows the visa or not. If he denies it, Joker is off Aussie soil for 3 years.

Keep in mind that the visa was issued by the state. I believe the federal regulations would supersede those of the state. Immigration should fall under the purview of national regulations.

I'm quite sure they would and I suspect that is why it was tried. But now the government has totally shat its pants all down its leg and into its shoe and its completely fucked away its chances.
So, politically, with an election coming up, they don't have much to lose as long as they're perceived as fighting on behalf of the long suffering citizens.

We'll probably find out in a day or two.

In a way, I'd like to see him play just see what the reaction of the courtside crowds will be. I'm guessing that he'd be mercilessly and incessantly cheered against. Catcalls, booing, yelling during points/serves, cheering mistakes. I know these guys have great powers of concentration but this may be something that we've never seen the likes of before. I think that it would have to be a distraction, even for him.
 
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mandrill

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He may have been railroaded at the airport, but according to the federal regulations he never qualified prior to, upon, or any time after arrival. The railroading had no effect on that matter.
He was granted a visa. Then they took it away illegally. So he gets it back.

Maybe you heard different than I did. Even tonight I heard that the Immigration minister at his own discretion can decide if he allows the visa or not. If he denies it, Joker is off Aussie soil for 3 years.
It is not that simple. The judge can strike out discretion the judge doesn't approve of. That's how it works. Welcome to Administrative Law 101.
Keep in mind that the visa was issued by the state. I believe the federal regulations would supersede those of the state. Immigration should fall under the purview of national regulations.
Probably. The minister is still fucked.
So, politically, with an election coming up, they don't have much to lose as long as they're perceived as fighting on behalf of the long suffering citizens.
Judge is going to nuke him publicly and embarrassingly.
We'll probably find out in a day or two.

In a way, I'd like to see him play just see what the reaction of the courtside crowds will be. I'm guessing that he'd be mercilessly and incessantly cheered against. Catcalls, booing, yelling during points/serves, cheering mistakes. I know these guys have great powers of concentration but this may be something that we've never seen the likes of before. I think that it would have to be a distraction, even for him.
 

shack

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Of course and they can be challenged by those affected by them.

Which is what is occurring here.
From my understanding what happened today has no bearing on what the immigration minister wants to do.
 

shack

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He was granted a visa. Then they took it away illegally. So he gets it back.

The visa under discussion was issued by the state. Was it New South Wales. The federal gov'ts provisions for granting a visa, unlike the state's, does not include getting a covid infection within the last 6 months.

Which also begs the question: Novax got diagnosed on Dec. 16, which he then used to get the visa from the state. How did he plan on getting in if he didn't get diagnosed? Did he just get "lucky" to catch a 2nd infection? It seems rather suspicious.

It is not that simple. The judge can strike out discretion the judge doesn't approve of. That's how it works. Welcome to Administrative Law 101.

Probably. The minister is still fucked.

Judge is going to nuke him publicly and embarrassingly.
Will it be the same judge? If the Minister has the sole discretion whether or not he gets the visa, will it even go to a judge? If the state regulations are different than the federal regulations, which ones prevail?

I think that this is hardly clear cut one way or the other.
 

shack

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Questions raised over Novak Djokovic travel declaration on entry form to Australia - ABC News


In documents released as part of Djokovic's Federal Circuit Court Case, he declared on his survey that he had not travelled in the last fortnight.

But a number of social media posts and news articles from the end of December show that that may not have been the case.

To have been within the border entry rules, Djokovic would had to have been in Spain, where he flew out from (via Dubai) to get to Australia, for two weeks from late on December 22.

He left Spain on January 4 and arrived in Australia late on Wednesday, January 5.

Djokovic's interview with ABF
Novak Djokovic, wearing a jumper and jeans, at a Border Force station.
The Federal Circuit Court has released the full interview transcript with one of the world's most famous tennis players and the Australian Border Force.
Read more


However, in videos and photos on social media, Djokovic appears to have been in Belgrade, Serbia, at Christmas time, where he was filmed playing tennis in the street.


The tennis star's fate remains hanging in the balance as Immigration Minister Alex Hawke continues to consider whether to use his ministerial powers to cancel the world number one male tennis player's visa.

If that happens, it could mean Djokovic is banned from entering Australia for three years, although ban periods are done on a case-by-case basis.
 

shack

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Here are the latest details of the investigation. There are so many inconsistencies in Novax' story and apologies for errors in his statement, it is laughable. I guess that it still doesn't mean that he'll be barred from playing.

One example is that he said that he didn't know he tested positive until Dec. 17, after his three public appearances. His brother says the Novax knew on the 16, as he was making those unmasked appearances.

Djokovic admits he didn't immediately isolate after positive Covid test, as Australia probes possible discrepancies in tests (msn.com)
 

shack

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And Australia's Immigration Minister cancels Djokovic's visa for a second time. Not a surprise certainly his lawyers will mount a court appeal again as well.

Amazingly, there are still options. But time is becoming more tight. It's now Saturday morning in Oz and the tourney starts Monday.
 
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