EXPLICATOR

Australia’s Immigration Minister must now make the politically charged decision to use his authority to overturn the judge’s decision.

When Australian immigration authorities rejected tennis star Novak Djokovic’s medical exemption from a COVID-19 vaccination requirement and canceled his visa, it sparked a storm of ramifications – bureaucratic, political and legal.

The world’s best male tennis player spent four days in a Melbourne immigrant detention hotel among asylum seekers and refugees before Federal Circuit Court Judge Anthony Kelly upheld his appeal and ordered his release and the reinstatement of his visa.

Australian Immigration Minister Alex Hawke must now make the politically charged decision to use his authority to overturn the judge’s decision.

But what has happened in the last few days and what does it seem like before the tennis tournament?

What destination now?

First of all, better accommodation class. When the judge ruled in his favor on Monday, Djokovic was immediately released from the Park Hotel in Melbourne to join his team in an upscale apartment for the remainder of his stay in Australia.

Djokovic quickly made it to the Australian Open stadium, Melbourne Park, for a late-night training session. He also trained on Tuesday, suggesting his views are still firmly fixed on his candidacy for a 21st Grand Slam singles title.

Hawke is due to decide Djokovic’s fate on Wednesday.

Another issue under investigation is whether Djokovic may have completed his travel registration form incorrectly when he ticked a box to indicate that he had not traveled in the 14 days prior to his arrival. in Australia on January 6. In fact, Djokovic traveled to Spain to train during this time.

What did the court say?

The key to the whole case and perhaps the most difficult question to answer is whether Djokovic has a valid request for medical exemption to enter Australia without being vaccinated.

Tennis Australia, the state government of Victoria and the federal government have different views.

Before leaving for Australia, Djokovic had been shy about his vaccination status. Asked at Melbourne airport by border officials early Thursday morning, he admitted he was not.

His request for a medical exemption from the rule that all non-Australian arrivals must be vaccinated was based on his claim that he tested positive for COVID-19 on December 16.

Medical panels established by Tennis Australia and the government of Victoria have granted Djokovic exemption from vaccination to play at the Australian Open on this basis. Djokovic’s lawyers argued that he had every reason to believe that the same standard applied at the border.

What was the case?

Djokovic was quick to welcome the court’s decision. During his four days of migrant detention, he has tweeted only once, to thank his fans for their support.

Early Tuesday morning, he tweeted again to express his gratitude to the court for upholding his case.

Questions remain about Djokovic’s recent positive test. He underwent a PCR test on December 16 and received his positive result that night, but was reportedly seen in public the following days.

Role of politics

Djokovic arrived in Melbourne as he faced a record daily number of COVID-19 cases. The numbers were also increasing across Australia due to the Omicron variant.

Prime Minister Scott Morrison’s government was facing criticism for easing some virus restrictions as Omicron cases began to rise and for failing to make rapid antigen testing available.

Morrison had little to say when Tennis Australia and the Victoria government confirmed Djokovic’s request for a medical exemption. But when Djokovic’s visa was canceled, he quickly made the decision, sensing public approval.

He tweeted “rules are rules” and repeated it in interviews over the next few days. At first it seemed like a certain political victory.

Australia’s strict border controls during most of the pandemic have separated families by preventing Australians living abroad from returning home.

The possibility that one of the world’s most celebrated athletes and prominent vaccine skeptics would receive special treatment at the border was something Morrison couldn’t admit.

Novak Djokovic winning field battles is pretty routine. On Monday night, a victory in court was as far from familiar as it gets for the Serbian.

To boost the prospects of the world No.1 tennis player to defend his Australian Open title, Federal Circuit Court judge Anthony Kelly overturned the Australian government’s decision to revoke the visa of Djokovic for failing to meet the vaccination and medical exemption requirements to enter the country. . The court order called the government’s decision “unreasonable” and ordered the Serb to be released from the immigration detention hotel where he had been held for four days.

Hours after the verdict, Djokovic tweeted a photo of himself and his coaching staff in Melbourne Park, with the caption: “I’m happy and grateful the judge overturned my visa cancellation. Despite everything that has happened, I want to stay and try to compete in the Australian Open. I stay focused on this. “

As important and dramatic as the ruling that allows Djokovic to stay in Australia is, it still does not guarantee his participation in the Australian Open from January 17. Under the country’s Migration Law of 1958, the Minister of Immigration can exercise “personal power”. cancellation “which could lead to a further revocation of Djokovic’s visa and possible deportation.

In the extreme scenario, the nine-time Australian Open champion could also be banned from entering the country for three years. Australian media quoted a spokesperson for Immigration Minister Alex Hawke as saying the minister “is currently reviewing the matter and the process is still ongoing.”

The issue created a sporting, international and political uproar, with Australian Prime Minister Scott Morrison declaring that “no one is above the rules” hours after Djokovic was arrested by the Australian Border Force (ABF) at the Melbourne airport on Wednesday night and transferred to the detention hotel Thursday morning. The entry of unvaccinated Djokovic into the country to play at the Australian Open which required compulsory vaccination caused a major backlash among the Australian public.

Exemption from the vaccination mandate

Mainly, two aspects appeared to have tipped the verdict in favor of Djokovic during Monday’s virtual hearing which was broadcast live but was frequently interrupted (presumably due to heavy traffic volume). Djokovic’s legal team made the argument that the Serb followed all the procedures required of him before boarding the flight to Melbourne: since he was not vaccinated, he requested a medical exemption. in accordance with the rules established by Tennis Australia and the State of Victoria. The exemption was granted by two medical panels under a criterion that allows anyone who has tested positive for Covid-19 in the past six months to be exempted from the vaccination mandate. Djokovic had tested positive last month and he provided ABF officials with evidence to support his exemption.

This led Judge Kelly to ask the question, “The point that worries me a bit is what more could this man have done?” “

Nick Wood, one of Djokovic’s lawyers, replied: “To (Djokovic’s) understanding, without question, he had done absolutely everything he felt was necessary for him to enter Australia.

While the exact numbers have not been revealed, at least eight other Australian Open players and / or officials have also been granted exemptions under this criterion.

Not enough time

The other key factor was the timing of his detention. According to court orders, Djokovic was told at 5:20 a.m. local time on Thursday that he had time until 8:30 a.m. to provide his response to a notice of intention to cancel his visa. However, ABF officials arrived at the decision to revoke his visa at 7:42 a.m.

This, according to the judge – and even the respondent (in this case, the Minister of the Interior) admitted it – was “unreasonable”, as it did not give Djokovic sufficient time to contact the authorities. concerned.

“… if the applicant had been cleared until 8:30 am, he could have consulted other people and made further observations to the delegate on why his visa should not be canceled,” the order.

According to published transcripts of interviews between Djokovic and ABF officials at the airport, the Serb was first informed of the intention to cancel his visa at 3:55 a.m. At that time, he was told he had 20 minutes to respond.

“So you’re legally giving me 20 minutes to try and provide additional information that I don’t have?” Djokovic told the ABF official. “At 4am? I mean you kind of put me in a very awkward position where at 4am I can’t call the director of Tennis Australia, I can’t engage with anyone in the government. of the State of Victoria via Tennis Australia. “

“Bigger victory than the Grand Slam”

Djokovic was not seen at the hearing, but reports indicated that he was present in his lawyer’s office during its proceedings. The final verdict in the evening sparked chaotic scenes outside the office, with hundreds of Serbian supporters gathered around a car they believed was transporting Djokovic.

Back in Serbia, her family also celebrated the decision, with Djokovic’s brother Djordje describing it as a “great defeat for the Australian authorities” while her mother called it the biggest victory of her career. son. “Bigger than all of his Grand Slam tournaments,” Dijana says.

Rafael Nadal, one of Djokovic’s fiercest rivals on the pitch, said “this most righteous thing” has happened. “Whether or not I agree on certain things with Djokovic, without a doubt, justice has spoken,” Nadal told Spanish radio Onda Cero.

Novak DjokovicFans celebrated outside the courthouse where an Australian judge reinstated the tennis star’s visa.

Circuit Court Judge Anthony Kelly also ordered the government on Monday to release Djokovic from Melbourne hotel quarantine within 30 minutes of his decision.

Government attorney Christopher Tran told the judge after the ruling that Immigration, Citizenship, Migrant Services and Multicultural Affairs Minister Alex Hawke “will consider whether to exercise personal power to cancelation”.

This would mean that Djokovic could face expulsion again and could miss the open from Australiawhich begins January 17th.

The Australian government canceled the visa of Djokovic, 34, shortly after arriving in Melbourne on Wednesday night to play at the Australian Open, as officials ruled he did not meet the criteria for exemption from the Australian Open. ‘an entry condition that all non-citizens must be fully immunized. for COVID-19.

Djokovic, whose court documents indicate he is not vaccinated, argued that he did not need proof of vaccination because he had proof that he had been infected with the coronavirus last month.

Australian medical authorities have decided that a temporary exemption from the vaccination rule can be granted to people infected with COVID-19 within six months.

21-year-old Canadian Felix Auger-Aliassime faced Spanish star Roberto Bautista Agut for a massive victory that earned his country their first ATP Cup title on Sunday.

Their showdown in Sydney followed 22-year-old Denis Shapovalov, ending Pablo Carreno Busta’s victorious start to the season 6-4, 6-3 to set the stage for a second singles single.

World No.11 Auger-Aliassime beat third Alexander Zverev in the tournament and once again showed his class to beat 19th Bautista Agut, 7-6 (7/3), 6-3 and seal the tournament for Canada .

Serbia led by Novak Djokovic won the inaugural edition of the team event in 2020, when Spain led by Rafael Nadal also had to settle for second place with Daniil Medvedev’s Russia winning the year title. last.

“The emotions are incredible, there is no better feeling than winning, we left everything behind,” said Auger-Aliassime.

“We lost our first four games in this competition, but we never stopped believing in it.

“We trust each other, Denis and I and everyone in the team, and I think that’s very important. I am very happy for everyone in the team, and of course for myself.

“Spain is still tough, it’s been the best nation in the world for quite some time.”

Canada earned their place in the final after beating defending champions Russia on Saturday.

They also beat Zverev’s Germany and Great Britain in group matches, rebounding after crashing into the United States in their tournament opener.

NEWS FROM NOVAK DJOKOVIC

LATEST: Every storyline billed as an audition is looming – and why it’s FAR from over

LEAK: Documents reveal how Djoker’s mess could have been avoided

EXPLAIN: Huge “mistake” behind the wreck of the Novak visa

It was a phenomenal effort from Auger-Aliassime who was heavily beaten by world number two Medvedev on Saturday, losing the last nine consecutive games.

He and Bautista Agut started nervously at the Ken Rosewall Arena and Auger-Aliassime was shattered in his first service game, but fought back directly to equalize.

They went to serve in an intense series of long rallies and the Spaniard netted a vitally important ninth game, saving three break points to stay alive.

It ended in a tiebreaker with the Canadian playing an electric pass shot and then a manual forehand to storm 4-1 ahead and held on to take the set in a thrilling 85 minutes.

Auger-Aliassime, at only 21, served magnificently and gave the tiring Bautista Agut few opportunities.

On the other hand, he put pressure on the Spaniard’s serve, creating opportunities with his powerful forehands and it ultimately paid off with a break to go clear of 5-3.

With victory in sight, he served for a deserved victory that sparked happy scenes as the team congratulated and hugged each other.

MORE TENNIS NEWS

BARTY CLAIMS CROWN: Barty lifts Adelaide’s trophy in perfect preparation for the Aus Open

RAFA ROARS: Vintage Nadal wins No.89 title in Melbourne as he considers Aus Open buyout for 12 years

QUALIFY TRIP: Tomic makes headlines for 28 local prospects as Aus Open qualification begins

Both Spanish players were in great shape, each winning their four singles matches so far.

And Carreno Busta held a 4-1 advantage over Shapovalov ahead of their clash, winning their last three games, including a five-set thriller in the 2020 US Open quarter-finals.

But the young Canadian world number 14 has stepped up his efforts to seek revenge and put his country to a title victory.

“It’s a huge victory,” Shapovalov said after his match. “Total faith in Felix. He’s an incredible player and I think we have a good chance.

The dynamic 22-year-old saved eight of the nine break points he faced to triumph.

The first game of the game, on Shapovalov’s serve, was critical. Carreno Busta had five break opportunities, which, if converted, could have tipped the scales in his favor. But Shapovalov held on, looking for his shots to secure the opening set.

The Spaniard, who lost a set and a break in the second set, fell back to 3-4, but Shapovalov hit a winning forehand in the next game to resume the break before serving his victory.

Rafael Nadal defeated American Maxime Cressy 7-6 (8/6), 6-3 in the Melbourne Summer Set final.© AFP