Court is in session, with Novak Djokovic's case coming in front of a panel of three judges.
Watch here:
Watch here:
Whether or not you're on Novak Djokovic's side here, one thing is clear:
His arrival in Australia accelerated this country's courtroom streaming technology capabilities by *decades*.
His arrival in Australia accelerated this country's courtroom streaming technology capabilities by *decades*.
Judge in his opening remarks says that this case easily reaches the relevance for this higher court because of framing:
"not the least of which the minister himself [said]...matters involved in the controversy go to the very preservation of life and health in the community."
"not the least of which the minister himself [said]...matters involved in the controversy go to the very preservation of life and health in the community."
This opening judge monologue also gives minister benefit of the doubt for not cancelling the visa until late on Friday:
"I assume for the need to consider an important matter."
"I assume for the need to consider an important matter."
Judge says this shouldn't take too long, mercifully:
"We should be able to finish this argument by lunchtime...if that's not possible, it's not possible; the court is not setting a timeline."
"We should be able to finish this argument by lunchtime...if that's not possible, it's not possible; the court is not setting a timeline."
Djokovic lawyers are trying to turn Minister's argument on its head, saying that kicking Djokovic out of the country could stir up even more anti-vax passions.
"That in itself might be apt to generate anti-vax sentiment."
They're not arguing that he's not an anti-vax talisman.
"That in itself might be apt to generate anti-vax sentiment."
They're not arguing that he's not an anti-vax talisman.
("Profoundly disanalogous" is a fun phrase that I will strive to use in daily life.)
This hearing is being broadcast live on RTS, Serbia's national broadcaster, which is live translating court proceedings into Serbian (admitting they're struggling with the Australian accents while doing so).
"'Mr. Djokovic is a high-profile unvaccinated individual'" is a statement from the minister which Djokovic's lawyers say they can't possibly refute.
"Those statements are from a long time ago," Djokovic's lawyers say of Djokovic's 2020 anti-vax comments, which Djokovic's lawyers also say were not taken in full context.
Djokovic's lawyer is saying that Djokovic's current feelings on vaccination cannot be ascertained.
(NB: Were I government side, I'd think him being one of only three unvaccinated players in the ATP top 100 is entirely relevant for positioning him on the anti-vax spectrum here.)
(NB: Were I government side, I'd think him being one of only three unvaccinated players in the ATP top 100 is entirely relevant for positioning him on the anti-vax spectrum here.)
Djokovic to my question in Aug 2021 fwiw:
"I feel like that should be always a personal decision, whether you want to get vaccinated or not. So I'm supportive of that. So whether someone wants to get a vaccine or not, that's completely up to them. I hope that it stays that way."
"I feel like that should be always a personal decision, whether you want to get vaccinated or not. So I'm supportive of that. So whether someone wants to get a vaccine or not, that's completely up to them. I hope that it stays that way."
There are other anti-science things Djokovic has promoted, such as the quackery of Chervin Jafarieh, who infamously was involved in that IG live with Djokovic about changing polluted water with positive thinking.
Not sure scope will include such.
Not sure scope will include such.
https://twitter.com/BenRothenberg/status/1259081679119028224
Djokovic's lawyer is arguing now that Djokovic's presence has never led to anti-vax protests at other tournaments.
(Not sure that's relevant, since this is the first tournament Djokovic has played with a vaccine requirement effectively in place).
(Not sure that's relevant, since this is the first tournament Djokovic has played with a vaccine requirement effectively in place).
And, of course, this very real, non-theoretical anti-vax protest happened just yesterday outside #AusOpen, because of Djokovic's presence at a tennis tournament.
Djokovic's lawyers aren't mentioning this; surely the government side should for their case.
Djokovic's lawyers aren't mentioning this; surely the government side should for their case.
Djokovic's lawyers are now addressing the L'Equipe interview/photoshoot which Djokovic did while knowingly having tested positive for coronavirus, without informing the L'Equipe interviewer or photographer.
"Mr. Djokovic acknowledged that that was an error in judgment."
"Mr. Djokovic acknowledged that that was an error in judgment."
Adria Tour is now being discussed by Djokovic's lawyers.
They say that Djokovic didn't "endorse" any of the failures in social distancing at that event which led to that spurt of positive cases.
They say that Djokovic didn't "endorse" any of the failures in social distancing at that event which led to that spurt of positive cases.
A reminder that Djokovic is getting incredibly preferential treatment in this deportation proceeding due to his status.
He's been granted the luxury of scheduling hearings for late on a Friday night, then again on a Saturday and Sunday, because of an impending tennis tournament.
He's been granted the luxury of scheduling hearings for late on a Friday night, then again on a Saturday and Sunday, because of an impending tennis tournament.
(Periodic and important reminder that Djokovic could have avoided all this rigamarole by simply getting vaccinated like 97%+ of his tennis player peers have.)
"In a belts-and-braces kind of way," says Djokovic's lawyer. 
I’d also say that this booing counts as a brief-but-clear anti-vax protest in a Djokovic milieu, in Rod Laver Arena during the trophy ceremony for ninth Djokovic’s #AusOpen win last year.
^*Djokovic's ninth
Djokovic's lawyer said that he hopes to wrap up his arguments in 15 minutes or so.
My reading of this:
The Djokovic lawyer's entire argument could be meaningfully refuted by the government furnishing footage of yesterday's anti-vax protest outside #AusOpen.
Anti-vax protests animated by Djokovic isn't a hypothetical reach probability; it has already happened.
The Djokovic lawyer's entire argument could be meaningfully refuted by the government furnishing footage of yesterday's anti-vax protest outside #AusOpen.
Anti-vax protests animated by Djokovic isn't a hypothetical reach probability; it has already happened.
Yes, this is a very real concern that many have quietly been discussing here.
The atmosphere at a potential Djokovic #AusOpen match after all this discord would be incredibly heated and charged, with a volatility that could lead to real safety concerns.
The atmosphere at a potential Djokovic #AusOpen match after all this discord would be incredibly heated and charged, with a volatility that could lead to real safety concerns.
https://twitter.com/begdemirel/status/1482509507716657154?s=20
Djokovic's team has ended its arguments.
The Australian government's lawyer, Stephen Lloyd, now has the floor.
The Australian government's lawyer, Stephen Lloyd, now has the floor.
"Someone who has not been vaccinated was doing so by choice, to not be vaccinated," says the government's lawyer, arguing that Djokovic's outlier unvaccinated status demonstrates opposition.
Government also notes Djokovic was anti-coronavirus vaccines before they even existed.
Government also notes Djokovic was anti-coronavirus vaccines before they even existed.
To the above #AusOpen safety concerns thought: this is not a hypothetical.
In 2009, ethnically charged violence broke out after an #AusOpen match between Djokovic and Bosnian-American Amer Delic; a woman in Garden Square was knocked unconscious by a thrown chair.
In 2009, ethnically charged violence broke out after an #AusOpen match between Djokovic and Bosnian-American Amer Delic; a woman in Garden Square was knocked unconscious by a thrown chair.
The 2009 violence at #AusOpen is not necessarily material to Djokovic's deportation case, unless the government attempts to use it as part of their "good order" rationale for cancelling his visa.
What it is, necessarily, is instructive for need for robust security if he plays.
What it is, necessarily, is instructive for need for robust security if he plays.
Government lawyer says Djokovic's influence "not limited to existing anti-vaccination groups."
"He's a high profile person who is in many respects a role model for many people. His presence in Australia would present more strongly to Australians his anti-vaccination views."
"He's a high profile person who is in many respects a role model for many people. His presence in Australia would present more strongly to Australians his anti-vaccination views."
Government lawyer cites Djokovic's behavior at the L'Equipe photoshoot "apparent disregard for...safety measures."
"People use high-level athletes to promotes ideas and causes all the time...his connection to a cause, whether he wants it or not, is still present."
"People use high-level athletes to promotes ideas and causes all the time...his connection to a cause, whether he wants it or not, is still present."
Update: the government lawyer has not yet mentioned any of yesterday's anti-vax protests outside the #AusOpen...
https://twitter.com/BenRothenberg/status/1482509004211630081?s=20
This makes sense, and again shows how legal logic has its own physics that aren't necessarily aligned with real-life reason.
https://twitter.com/jeremy_gans/status/1482520012149919744?s=20
No, this has not been an argument the government is making to justify its deportation decision.
Could still be an issue for further investigation after today's ruling, of course, either for Australian or Serbian authorities, if greater evidence emerges.
Could still be an issue for further investigation after today's ruling, of course, either for Australian or Serbian authorities, if greater evidence emerges.
https://twitter.com/ashleevance/status/1482522328374583297?s=20
Government lawyer refers to earlier unrest in Melbourne related to Djokovic case being part of the minister's reasoning.
"This is not just some random protest somewhere in the world; this is the day after the court's decision...about the exact matter."
"This is not just some random protest somewhere in the world; this is the day after the court's decision...about the exact matter."
^To clarify, the government lawyer seemed to be referring to protests/unrest earlier in the week, not yesterday's demonstration.
Closing in on lunchtime, the court will adjourn for an hour.
The government's lawyer will have another hour or so left in his oral arguments, he estimates.
The government's lawyer will have another hour or so left in his oral arguments, he estimates.
Court is back in session, with the government continuing to defend its decision to re-cancel Djokovic's visa.
You can watch live here:
You can watch live here:
Government lawyer cites Serbia's lagging vaccine rates as potential for Djokovic's power as an anti-vax influencer.
"Mr. Djokovic's iconic status must be highest in Serbia...in Djokovic's home country, it is estimated that under half of the country" is fully vaccinated.
"Mr. Djokovic's iconic status must be highest in Serbia...in Djokovic's home country, it is estimated that under half of the country" is fully vaccinated.
Government connecting dots toward Djokovic and future pandemic difficulties.
"Rightly or wrongly, he's perceived to endorse an anti-vaccination view...[then] more people who are undecided becoming anti-vaxxers. If that happens, that leads to the healthcare consequences."
"Rightly or wrongly, he's perceived to endorse an anti-vaccination view...[then] more people who are undecided becoming anti-vaxxers. If that happens, that leads to the healthcare consequences."
Regarding Djokovic's influence, government lawyer says it is "common sense and uncontroversial" regarding "how celebrities engage...political and other roles."
The government side has rested. Now a brief response from Djokovic's side, and then hopefully soon we'll get deliberations. And then a decision. And then a resolution. And then we can move on with the #AusOpen.
("Brief" may have been wishful thinking.)
"My final point..." Djokovic lawyer begins in summation.
"May I say something about my friend's reply?" the government lawyer later replies, prolongingly.
"May I say something about my friend's reply?" the government lawyer later replies, prolongingly.
Every minute of prep time remains precious for Djokovic, who is still potentially playing tomorrow at the #AusOpen after a weekend of being detained.
https://twitter.com/karenlsweeney/status/1482555697170886656
Court adjourning.
Chief judge: "What we would hope to do is spend the afternoon, hopefully, and the early evening dealing with the arguments that have been put to the court. Not to the view of delivering full reasons today, but to reach a view as to the outcome of the matter."
Chief judge: "What we would hope to do is spend the afternoon, hopefully, and the early evening dealing with the arguments that have been put to the court. Not to the view of delivering full reasons today, but to reach a view as to the outcome of the matter."
Basically, because of this fast approaching #AusOpen deadline, the court plans to basically say today/tonight if Djokovic has won or lost his appeal, and then at a later time they would articulate specific reasons for that decision.
While we wait, if you want to catch up on the day's developments in the Djokovic deportation debacle, this is a handy briefing:
edition.cnn.com/asia/live-news…
edition.cnn.com/asia/live-news…
NEW:
Decision on Djokovic deportation review set to come from court in just about 10 minutes, at 5:45 pm local time.
Here we go, folks.
Decision on Djokovic deportation review set to come from court in just about 10 minutes, at 5:45 pm local time.
Here we go, folks.
Here is the new link to watch the Djokovic deportation decision live on YouTube:
The court is ready to make a "unanimous" order.
The judge is first clarifying that this should be seen as a judicial review of the executive branch, not an appeal.
BREAKING:
Djokovic's application to have his visa cancellation overturned is to be "dismissed with costs."
Djokovic loses. He now has no Australian visa, and will be deported.
The nine-time #AusOpen champion will have to leave Australia in short order.
Djokovic's application to have his visa cancellation overturned is to be "dismissed with costs."
Djokovic loses. He now has no Australian visa, and will be deported.
The nine-time #AusOpen champion will have to leave Australia in short order.
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