Thread by @TraceyLeeHolmes

The Novak Djokovic v Minister for Home Affairs, to be held in the Federal Circuit and Family Court of Australia tomorrow, may become one of the most important legal cases involving sport in this country.
#djokovic #AusOpen #tennis #sportslaw

Here are some takeaways from the submission put forward by #djokovic’s legal team and some of the arguments you will hear tomorrow:

#djokovic came to Australia on a Temporary Act visa, also knows as a 408 visa. It is not subject to any condition with regard to vaccination status. It was issued to Mr Djokovic on November 18, 2021.

The Chief Medical Officer for Tennis Australia issued #Djokovic an exemption certificate on December 30, 2021. Djokovic had received a positive #covid PCR test from the Institute of Public Health in Serbia in December 16.

The decision by the TA panel to issue an exemption certificate was reviewed and endorsed by the independent medical exemptions review panel of the Victorian government.

The conditions of the exemption were consistent with the Australian Technical Advisory Group on Immunisation (ATAGI).

On January 1, 2022 Mr Djokovic received a document from the Department of Home Affairs saying his Australian Travel Declaration had been assessed, and he was given approval for a quarantine free arrival since he met all the requirements.

He arrived in Melbourne just before midnight on January 5 and for the next 8 hours or so, was held ‘mostly incommunicado’ and told by a delegate of Border Force of the intention to cancel his visa.

The Migration Act allows the minister to cancel a visa under certain conditions, including if incorrect information has been given or if the visa holder’s presence may be a risk to the ‘health, safety or good order of the Australian community’.

Djokovic’s legal team will argue there is no ‘strict border requirement’ that a person be vaccinated in order to enter Australia, noting, ‘None of the Act, the regulations, the conditions of Mr Djokovic’s visa, the Biosecurity Act…contain any such requirement’.

Cancellation of visa protocols require the person involved be given the opportunity to show reason why the visa should not be cancelled. Djokovic asked to wait until after 8am so he could contact officials at TA and legal reps to help. Initially this was agreed then reneged.

According to Djokovic’s lawyers there was some pressure applied for him to accept the cancellation and not wait until he could access legal advice.

From my reading of the legal submission by Djokovic’s lawyers it would seem there are questions that will be raised around the interpretation of ATAGI guidelines, procedural fairness and proportionality.

Am waiting for submissions from the legal representatives for Minister of Home Affairs.

It should be noted, lawyers for the Home Affairs minister applied for a delay to tomorrow’s hearing, Judge Anthony Kelly dismissed their application.