Directions hearing (basically a quick hearing to work out what happens next) live before Judge Kelly (speedy!) Karen’s a professional court reporter and she’s breaking it down in simple terms. Stream and follow her if you’re interested 😊
For anyone watching, Djokovic’s lawyers are going through the Minister’s reasons now & arguing they are irrational. We can’t see them yet, but presumably they’ll be added to the (currently empty) court file in due course:…
There’s been some discussion about whether the matter (currently before Judge Kelly in the Federal Circuit Court) will be transferred to the Federal Court. Djokovic’s lawyers don’t want that because of time. They want to file submissions early tomorrow w/govt response by 10pm
This would allow Djokovic (potentially) to play in the Open on Monday or Tuesday if he wins.

The Minister’s lawyers say they are fine with the proposed timeline, and neither ask for nor oppose transfer to the Federal Court.
Djokovic hasn’t been sent to detention tonight. He's been asked to report to immigration offices at 8am tomorrow. Ordinarily they'd be required to detain him - as the Minister's lawyer has just flagged. But as @maryannekenny has said the Minister has discretion to order otherwise
Minister’s lawyers say Djokovic will have access to his lawyers even if he is detained (as a matter of practice this has not always been guaranteed for others…). The Minister’s lawyers also say Djokovic won’t be deported until this legal challenge has been resolved.
Judge Kelly is telling the parties that there may still be a fundamental question to be answered in this case about whether the government’s policy on entry and medical exemptions was properly understood.
Minister’s lawyers say that may have been an issue with the original cancellation decision but that is over, and the Minister’s reasons were completely different. Djokovic’s lawyers say they agree - the reasons were different - but the only reason provided was irrational
It looks from this discussion like Hawke’s reasons were based around the potential for Djokovic’s presence in Australia to incite ‘anti-vax sentiment’.
The parties are hoping for a hearing on Sunday (most unusual but courts have shown a willingness to be flexible & move very quickly before). Djokovic's lawyers are asking for him to be detained with them.
Minister’s lawyers aren’t biting. On current instructions Novak will present at immigration offices at 8am tomorrow, be detained thereafter, be escorted to his solicitors’ offices w/ ABF supervision, be taken back to detention overnight, then be brought to the hearing on Sunday.
Judge Kelly confirms that the Minister can’t be compelled to offer any more: the visa re-cancellation makes Djokovic an unlawful non-citizen, and detention is mandatory under the Migration Act unless discretion exercised. And that’s a wrap! I guess we’ll see what happens tomorrow
Oh, they are back. The matter will be transferred to the Federal Court. There will be a videolink again where we’ll be able to watch the proceedings on Sunday.

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More from @sangpillai

15 Jan
If the matter had ended up being heard by a single Federal Court judge, the losing party could have appealed up to a full court composed of 3 different Federal Court judges. Jumping straight to the full court basically means that one stage in the process gets skipped.
The losing party could still try to appeal to the High Court. But this isn’t a guaranteed right. The High Court is the final appeal court for all Australian courts, but it has discretion over which appeals it actually hears.
If whoever loses wants to take it all the way to the High Court they need to ‘seek special leave’ from that court. The High Court can then say yes or no.

But it’s not clear that an appeal would end up being practical for the losing party, with the Australian Open looming.
Read 48 tweets
15 Jan
I’m just catching up now on the #Djokovic happenings from earlier today. Some quick thoughts below. This 🧵 is on where the legal proceedings are at & Immigration Minister Hawke’s cancellation decision. I’ll update or make another one on the parties’ arguments.
Here’s where we stand so far: The matter is now before the Federal Court. Djokovic’s legal team got their submissions in this morning. The Minister is supposed to respond by 10pm tonight - so not long to go.
There was a directions hearing this morning before a single judge, Justice O’Callaghan. The purpose of this was to figure out what happens next. The main hearing will be at 9.30 tomorrow (AEST). It’ll be heard by a full court of 3 judges.
Read 7 tweets
14 Jan
Visa cancellation take 2! Australian Immigration Minister Alex Hawke has decided to cancel #Djokovic’s visa again. Hawke is cancelling the visa using personal powers granted to him under s 133C(3) of the Migration Act. You can find his statement here:…
S 133C(3) allows Hawke to cancel a visa if he is satisfied that a ground for cancelling it exists under s 116 of the Act, and he is also satisfied that cancellation would be in the public interest.
S 116 is the same ground that the original ABF officer at Tullamarine Airport drew on to cancel Djokovic’s visa.

As you may remember, the ABF officer’s decision to cancel was quashed by Judge Kelly in the Federal Circuit Court on Monday.
Read 27 tweets
9 Jan
I just wrote an opinion piece for @smh on tomorrow’s #djokovic case & some broader systemic questions. If you’d like to read it it’s here:…
I won’t be able to read & respond to all comments, but some note that ND isn’t a migrant. It slipped my mind when writing that it might not be clear to people that temporary entry & ‘migration’ both fall within immigration law & the same 1000+ page Act. Many common powers apply.
Broad visa cancellation powers can be used against people like Djokovic, people trying to migrate, and people who have lived here most of their lives on permanent residency visas. It is counterintuitive, I know! There’s room for systemic reform across all these areas, and others.
Read 4 tweets
6 Jan
It’s a super hard time just to try to exist, and if you aren’t saving your deepest sympathies for a crazy rich tennis star who has publicly opposed vaccination, well friends I very much get it.

But before you jump on the #NoVaxDjoCovid or #DjokovicOut bandwagons, consider… (🧵)
Two medical panels via a blind process administered by Tennis Australia and the Victorian govt granted Djokovic a vaccine exemption. This exemption allows him to play in the Australian Open; it had nothing to do with his visa. But the two things are being conflated *everywhere*.
Amongst those conflating the right to enter and the right to play is the PM, who a day before Djokovic’s visa was cancelled told the media that he was able to come because the Victorian Government had ‘provided him with an exemption to come to Australia’:
Read 21 tweets
10 May 21
Federal court hearing on the legality of the India travel ban kicking off now, before Thawley J. If you’re interested you can watch for yourself here:…
The plaintiff is Gary Newman - a 73 y.o. man who has been in Bangalore India since March 2020. He is in a vulnerable category and wants to return to Australia as soon as possible in the circumstances, but says he has been unable to do so.
Today the court will hear arguments about whether a fundamental common law right allowing citizens to enter Australia, or other factors, mean that the travel ban could not be made under the Biosecurity Act.
Read 84 tweets

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