The showdown has begun and is underway with a joke from Judge Anthony Kelly. The other players today are Nick Wood SC and Paul Holdenson QC for Novak Djokovic and Christpher Tran for Home Affairs Minister Karen Andrews (& the Comonwealth).
Nick Wood is discusing ground 1A. He says the delegate must be satisfied of a relevant ground for cancellation, but the notice is defective because it's not one ground, but a mashup of two. He says the reasons for refusal are a "confusing blend of grounds".
Wood says the Biosecurity Act requires travellers declare whether they are vaccianted, unvaccinated or medically contraindicated.
"It simply requires a declaration of which of the three categories the traveller is in. It does not require the traveller to provide evidence."
"It simply requires a declaration of which of the three categories the traveller is in. It does not require the traveller to provide evidence."
He said the Biosecrity deterination says an individual who declares a medical contraindication "can produce evidence provdied by a medical practitioner of that matter". Highlights *can* not *must*.
"Mr Djokovic made a declaration that he had a medical contraindication. He was not required, as part of that declaration to provide evidence, even though he did."
Wood: "Mr Djokovic did provide evidence both before boarding and after arriving at Tullamarine of the matter."
The matter he's referrign to here is his apparent medical contraindication to a COVID-19 vaccination.
The matter he's referrign to here is his apparent medical contraindication to a COVID-19 vaccination.
Someone called "Paul" has found his way onto the link and declared that "it's working".
Judge Kelly: "Can I ask whoever is on screen to mute themselves. There is every impotence that the only people who should be online with their microphones are those who are making submissions to the court..."
"...Any other behaviour by any person who may be wishing to watch this live will produce a very real risk that th ebandwitth available for this hearing will be overwhelmed and the hearing will be interrupted an Doha tis utterly unacceptable."
Back to the case, Wood has again mentioned Djokovic provided evidence of his medical contraindication for a COVID-19 vaccination before boarding the plane in Dubai and after arriving at Tullamarine.
Wood: "What was uploaded was the medical exemption document that had come from the Chief Medical Officer of Tennis Australia."
Judge Kelly says the status attaching to the medical exemption is a matter that has really preoccupied him.
Judge Kelly: "Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption."
"Further to that, that medical exemption and the basis on which it was given, was separately given by a further independent expert specialist panel established by the Victorian state government."
He says that document was in the hands of the delegate who made the decision.
"What more could this man have done?"
"What more could this man have done?"
Wood: "I agree Your Honour."
The live stream has gone out again. There's a lo of people saying it seems like it's going in Djokovic's favour. It does seem that way at times, but it's way too soon to tell.
To compre it to tennis - it's basically like Djokovic has served the ball. It's heading over the net but the govt lawyers haven't had a chance to hit it yet. That comes once they start their oral submissions.
But over to an expert for a second - Professor Patrick Keyzer, the Dean of Law at the Thomas More Law School at ACU:
"My guess, after reading the submissions, is that the Court will decide that Djokovic was not denied procedural fairness ... (and) that Djokovic can be deported."
"My guess, after reading the submissions, is that the Court will decide that Djokovic was not denied procedural fairness ... (and) that Djokovic can be deported."
"The ATAGI Guidelines are not clear cut, and that is one of the reasons why this matter is before the Court. Rules may be rules but they are not crystal clear."
Thanks to the absolute legends who are sending me the link they've found - I'm back online. This has not been a good day for online courts.
The fresh link isn't live. The court stream is still down.
😵😵😵 
In the meantime, here's my latest update for @AAPNewswire 7news.com.au/news/immigrati…
Judge Kelly has just ordered the govt/ABF bring Djokovic to a loction specified by his solicitor on Monday (and whatever days the court ends up sitting) so he can watch the hearing.
It probably won't be his solicitor's office, Hall & Wilcox has a "no vax, no entry" policy.
It probably won't be his solicitor's office, Hall & Wilcox has a "no vax, no entry" policy.
Hall & Wilcox
"We have implemented a COVID-19 vaccination policy. All partners, employees, contractors, clients, visitors and service providers accessing our offices and events will need to be fully vaccinated against COVID-19, or have an accepted medical contraindication."
"We have implemented a COVID-19 vaccination policy. All partners, employees, contractors, clients, visitors and service providers accessing our offices and events will need to be fully vaccinated against COVID-19, or have an accepted medical contraindication."
Of course, it's also entirely likely his solicitors have accepted the "medical contraindication" they're arguing also allows him to enter Australia.
Latest update on the live stream fiasco seems to be that there are none. There's a few YouTube links floating around but they all seem to be delayed and cut out at the same point as the live one did.
There's a tennis podcast sharing a stream on YouTube. This is what court reporters are having to use to watch this because the court can't give us access to the actual hearing. If only someone foresaw this...
Wood is saying Djokovic should have been given time to speak to his representatives before the visa was cancelled.
"There was no reason, no intelligible reason, not to allow him that more time," he said.
"There was no reason, no intelligible reason, not to allow him that more time," he said.
"Irrespecitve of questions of fairness, the conduct of the delegate and the officers was unreasonable."
He's moved onto his closing points, starting that an order for his release from immigration detention might not be necessary if the visa cancellation decision is quashed, becuase then the visa "jumps up like a jack in the box".
Judge Kelly is going to adjourn now for lunch - we won't come back until at least 2.30pm.
Chris Tran has offered a "very helpful suggestion" according to Judge Kelly - he'll give some opening remarks until 2pm and then we'll adjourn for lunch.
Tran starts off by saying that while he accepts there's evdience Djokovic felt pressured during his discussions with authorities, he cannot find that any officer intended to pressure Djokovic.
He's also countering points made by Nick Wood in his submissions.
"Whether or not there is a law requiring a person to be vaccinated to enter Australia or have an exemption is beside the point. Mr Wood has said it orally and in writing so I take it the applicant considered it to be important to the case and we say it’s not important."
Now we're talking illogicality and irrationality and a structure in which to analyse the submissions made by Djokovic's lawyers.
Judge Kelly: "Can I replay this so I can try and persuade you I’ve understood it?"
Translation: Wait, lemme check I got this right.
Translation: Wait, lemme check I got this right.
Judge Kelly: Mr Tran have you nearly said everything you want to say at this point?
Translation: Just reminding you we're 54 minutes late for lunch.
Translation: Just reminding you we're 54 minutes late for lunch.
This is a really complex area of law and in trying to prove the decision was made correctly Tran has to refer to previous cases, the legislation and really niche points of law. Not understanding what he's saying doesn't mean he's not doing it well.
Tran: "Finally, I think it will be useful for Your Honour to consider two cases - both of them losses of mine, so I'll be revisiting happy memories."
I snorted.
I snorted.
And he has circled back to the very first point made by Wood. Tran describes it as a typo, Wood called it a mashup of grounds for cancelling the visa. Tran says theres two cases he'll come to later today that say it's still valid.
And we've adjourned for lunch until 3.15pm.
For the afternoon, we've got an official live stream from the court - conveniently made available through YouTube:
That was the catch up stream for the early afternoon - this is the new one for the hearing when it resumes at 3.15pm. I sincerely hope it's the last one:
After a 10 minute panic, I've noticed the hearing is now resuming at 3.45pm. It's been a long day.
Lots of people asking what might happen given how unusual it is for courts to sit much past 4pm. It's likely we'll sit late today. The judge has been pretty flexible on the time given the urgency of the hearing.
Chances are arguments could carry into tomorrow, depending on how late we go tonight and everyone's availablity tomorrow. If we do finish today I think it's highly unlikely we'd have a result straight away.
We're back on (and off before I finished the tweet). The injunction on Djokovic's deportation was due to exprie at 4pm. Tran said he consented to it being extended to 4.30pm - judge said he'd make it 8pm. We've adjourned again to give Tran more time for submissions.
So good news for Djokovic is that he's here until at least 8pm now. No news on what time we're coming back.
Here's the latest from me - fuelled by leftover pizza and more sugar than is good for one person.
https://twitter.com/AAPNewswire/status/1480405095934140416
There's a few people suggesting the judge seems to be leaning toward Djokovic. Worth noting we've had three hours of Djokovic's lawyers subissions and 30 minutes from the govt. Makes a difference.
#Breaking Judge Anthony Kelly has rule that Djokovic be released from immigration detention within in 30 minutes. He says the visa cancellation decision will be quashed and the government wil have to pay his costs.
It is not over yet. Christopher Tran says the Home Affairs Minister Karen Andrews reserves her personal power to remove Djokovic from Australia.
Sorry, it's the Immigration Minister - who has not been party to these proceedings - who has the personal power.
The court has released part of the transcript from Novak Djokovic's immigration interview. This is my favourite bit so far:
INTERVIEWER: What were your reasons for
travelling to Australia today?
INTERVIEWER: What were your reasons for
travelling to Australia today?
"I arrived here because of these documents otherwise I wouldn’t have been allowed to come in," Djokovic said after handing over the Tennis Australia exemption to immigration offficials.
He learned of the notice of intention to consider cancelling his visa jsut before 4am. Intitially he was given 20 minutes to come up with a reason to be let in.
This is where the unreasonableness concended by Chris Tran comes in.
This is where the unreasonableness concended by Chris Tran comes in.
Djokovic: "I mean you kind of put me in a very awkward position where at four in the morning I can’t call director of Tennis Australia, I can’t engage with anybody from the Victorian state government through Tennis Australia. I just, you put me in a very uncomfortable position."
He was told at 5.20am that he could have until 8.30am to respond. At 6.14am he was asked for his comment. At 7.29am the decision was made to cancel his visa and ihe was told at 7.42am.
Judge Kelly said if Djokovic had been given until 8.30am he could have consulted others about the decision.
I've seen multiple reports caiming the AFP is going to arrest Novak Djokovic and deport him. Coupe of notes:
1 - It'll likely be Australian Border Force, not AFP.
2 - I expect/hope we'd hear from the minister first
3 - I think van earlier was just dropping off his bags
1 - It'll likely be Australian Border Force, not AFP.
2 - I expect/hope we'd hear from the minister first
3 - I think van earlier was just dropping off his bags
These look to be Victoria Police officers. They're likely just there because of the media pack, the public attention, the high profile case and the fact Novak Djokovic is inside.
https://twitter.com/ljayes/status/1480456839770750979
Statement from a spokesman for Immigration Minister Alex Hawke says he's still considering a decision and the process is ongoing.
Also, some clarification around the four hour timeline I've seen reported. That only applies if Djokovic is re-interviewed by immiration authorities. That hasn't happened. There's no four-hour limit on a decision.
Just clearing up too reports that Djokovic has or will be "arrested" by the Australian Federal Police - it has nothing to do with them. It's an Australian Border Force matter and they detain, they don't arrest. Also no movement there until there's a decision by Alex Hawke.
After 14 hours I’m logging off for the day. I’ll be back with any developments in the morning. Thanks for all the support today 🥰
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