Sports The judge deciding the deportation of Djokovic from Australia: "What else could this man have done?"
It was after 5:00 pm on Monday afternoon in Australia when Judge
Anthony Kelly
read a statement in
Melbourne Federal Court
: he annulled the decision to cancel Novak Djokovic's visa.
In addition, he ordered the immediate release of the tennis player.
The tennis player obtained a medical exemption to compete in the
Grand Slam
, but then, according to the
Australian Border Force
, the tough immigration agency of the Pacific country, he breached the rules that require that everyone who enters
be fully vaccinated against Covid
unless that can prove a valid exemption. For border agents, Djokovic didn't have it. But his lawyers appealed on the grounds that errors in the notice of intention to cancel his visa and in the decision of the delegate of the interior minister meant that the visa had to be restored.
This is what
Nicholas Wood,
the tennis player's lawyer, presented in the first service before the audience, whose arguments were well received by Judge
Anthony Kelly.
The lawyer, abiding by the Australian
Migration Act
, said that border officials did not adequately notify his client of their intention to cancel his visa, as the legislation indicates.
"What else could this man have done?"
Wood assured that Djokovic was denied procedural fairness in the hours after his arrival at the airport on Wednesday night, as he did not have enough time to contact his lawyers and was pressured to continue an interview with the Force officials. Border while I had jet lag. Judge Kelly recognized at that point in the session the steps taken by the tennis player.
"What else could this man have done?"
The magistrate blurted out, later criticizing the Australian government for breaching an agreement to give him more time to defend his visa from cancellation.
"He was not even given time to get counseling," Wood insisted. In addition, the lawyer explained that
Djokovic could not be vaccinated for medical reasons
after "having a certain level of natural immunity due to having recently suffered from covid-19 (December 16)", and that his client showed at the airport the medical exemption that he provided Tennis Australia and the state of Victoria.
According to the representatives of the Executive, the Austalian Technical Advisory Group on Immunization (ATAGI), which acts as an advisory body to the Minister of Health regarding the national immunization program, considers that
"a previous infection of Covid-19 is not an indication for not get vaccinated in Australia. "
For this reason, he also rejects the argument of the tennis player's defense that he could enter the country with a medical exemption after having passed the disease in December.
According to the criteria of The Trust Project
Know more
Novak Djokovic
Australian Open
tennis
sports
Australian OpenFeliciano López, on the 'Djokovic case': "It's nonsense, Australia comes off very badly"
Australian OpenThe 'cage' of worms where Djokovic will pass the Australian bolt
Australian OpenDjokovic's father: "Nole is the Spartacus of the new world"
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