Referring to Djokovic’s admission this week that he attended a media interview and photoshoot in Serbia on December 18, a day after he acquired affirmation of his constructive COVID standing, Mr Hawke mentioned: “Mr Djokovic is such an individual of affect and standing. Having regard to the issues set out above concerning Mr Djokovic’s conduct after receiving a constructive COVID-19 outcome, his publicly said views, in addition to his un-vaccinated standing, I contemplate that his ongoing presence in Australia might encourage different folks to ignore or act inconsistently with public well being recommendation and polices in Australia.
“As well as, I contemplate that Mr Djokovic’s ongoing presence in Australia might result in a rise in anti-vaccination sentiment generated within the Australian neighborhood, doubtlessly resulting in a rise in civil unrest of the type beforehand skilled in Australia with rallies and protests which can themselves be a supply of neighborhood transmission.”
The minister concluded: “These issues go to the very preservation of life and well being of many members of the overall neighborhood and additional are essential to the sustaining the well being system in Australia, which is dealing with rising pressure within the present circumstances of the pandemic.”
The broad cost is that Djokovic, as long as he stays in Melbourne, might turn out to be the pin-up boy for a hard-core anti-vax motion that has already staged mass rallies in capital cities and infiltrated the union motion and political events on the perimeter of nationwide affairs. This in flip might result in a breakdown in observance of public well being guidelines and extra sickness from COVID, hospital admissions and in the end, deaths.
But, in the identical doc, the minister acknowledged that Djokovic has not tried to interrupt any Australian legal guidelines and was a “particular person of fine standing” recognized for his philanthropy.
Counsel for Djokovic, Nicholas Wooden SC, throughout a preliminary listening to earlier than Federal Circuit Court docket Decide Anthony Kelly late on Friday evening, described the minister’s causes as “starkly totally different” from these cited by border officers at Melbourne Airport after they initially cancelled Djokovic’s visa and positioned him into immigration detention.
“What the minister does is in substance to imagine in Mr Djokovic’s favour each single reality which may have been a difficulty beforehand,” Mr Wooden mentioned. “The minister finds and assumes that Mr Djokovic has in respect complied with the legislation.”
Mr Wooden mentioned the flaw within the minister’s method was that, in contemplating whether or not Djokovic’s ongoing presence in Melbourne will fire up anti-vax sentiment, he gave no consideration to what deporting Djokovic will do.
He submitted that the implications of deportation can be profound for Djokovic.
“Cancellation results in the forcible, necessary elimination of this man of fine standing who has a medical contraindication to a vaccine, who has complied with legislation, who poses a negligible threat to others, being pressured out of Australia and being subjected to provisions within the act and regulation that may then preclude him from coming again to Australia for the subsequent three years topic to the opportunity of a waiver being exercised.”
Counsel for the federal Immigration Division, Stephen Lloyd SC, agreed that the case Decide Kelly determined firstly of the week bore no relation to the issues now earlier than the court docket.
The minister’s full causes for transferring in opposition to Djokovic stay tightly held. As soon as they turn out to be broadly recognized, the response amongst his supporters each right here and in Serbia is more likely to be febrile.
Shortly after Djokovic was first taken into detention, his father Srdan declared: “Australia has turn out to be a dystopia, a mockery of the free world, they deal with Novak Djokovic, my son, your world champion, as a political prisoner. As a terrorist in Guantanamo Bay.
“They deprive him of the best to play, to individuality, to freedom of opinion.”
What learn just like the ramblings of an irate father now appears faintly prescient. Djokovic, having dedicated no crime in Australia, faces deportation or what he may unintentionally encourage others he has by no means met to do. The case in opposition to Djokovic has swung from scrutinising his journey paperwork to declaring him persona non grata as long as the pandemic rages.
Who might have imagined the world’s finest tennis participant would find yourself right here?
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