Novak Djokovic’s trial is over! There is an Australian court decision

The trial in the Novak Djokovic case lasted four hours and was interrupted several times. Finally, the court went to a meeting at 5:00 a.m. Polish time, and two and a half hours later announced: “The ruling will be announced within 15 minutes. The full rationale for the decision will be published at a later date. “

The judges decided that the decision to cancel the tennis visa was correct. The Serb will be deported and will not play at the Australian Open. Must cover the cost of the process.

Australian authorities changed tactics before Sunday’s hearing. Scott Morrison’s government explained to the court that Djoković’s visa was revoked not by errors in his documentation, but by the potential danger that may arise from the strengthening of the anti-vaccine ideology, which is to be influenced by the Serb’s presence in Australia.

Immigration Minister Alex Hawke described the Serbian tennis player as “an unvaccinated person who publicly opposed vaccination and showed visible signs of disregarding basic COVID principles, such as isolation after positive testing. [zamiast izolacji udał się na wywiad z dziennikarzem francuskiego dziennika sportowego – przyp. red.].”

Given Mr. Djokovic’s position as a role model in the sporting and wider community, his presence in Australia could foster a similar disregard for precautionary requirements following a positive COVID-19 test. Doing so could jeopardize public health by encouraging others to ignore health advice –

According to the government, Djokovic’s presence in Australia is supposed to threaten not so much the spread of the virus, but the spread of anti-vaccine ideology.

The dispute over the views of Djokovic

At the hearing, Serb lawyers tried to reverse the minister’s argument, claiming that “the deportation could spark an even greater anti-vaccine mood.”

One of the pieces of evidence presented by the government was a BBC article “What Novak Djoković Really Said About Vaccines.” In April 2020, long before COVID vaccines became available, Djoković said he was “against vaccination.” He later explained his position, adding that he “is not an expert” and would have an “open mind” but wanted to have “the option to choose what is best for my body.” someone to get the vaccine “to travel or to participate in tournaments. – we read.

– These statements come from very distant times – tennis lawyers argued at the hearing. They pointed out that at present “Mr. Djokovic’s position on vaccination cannot be clearly established.” Remember, however, that the Serb is one of only three top 100 players in the ATP ranking who still has not opted for vaccination.

– There is no evidence that Mr Djoković spoke about his vaccination status or expressed any views on vaccination during his stay in Australia. Although it was defended by fans, Serbian politicians, and the dispute over the visa aroused anti-vaccination activists, Mr. Djoković never directly supported their more extreme positions – said the tennis lawyer.

Does the tennis player influence society (or can it)

Djokovic’s team argued that the presence of a ranking leader at tennis tournaments never led to anti-vaccination protests. As Ben Rothenberg of the New York Times noted, such a protest took place on Saturday in Melbourne, for example, and the Australian Open is only the first tennis event to introduce a vaccination requirement for players.

– The anti-vaccine protests were directed against the actions of the state – assured the lawyers of Djoković.

“Rightly or wrongly, Novak Djoković is seen as an anti-vaccine advocate – and his presence in Australia could have an impact on society,” said lawyer Stephen Lloyd, who acted on behalf of the government.

Llody added that it is “common sense and uncontroversial” to assume that people will imitate Djoković, given what we know about the power of famous and popular people. According to him, Minister Hawke did not have to show evidence that Djoković influenced views. Australian public to cancel his visa – it was enough to show that there was such a risk.

Hawke made the decision to cancel the tennis player’s visa, citing the Australian Migration Act, which allows the minister to expel anyone who may pose a threat to public health.

Serb lawyers replied that Hawke could not be convinced that the presence of Djokovic “was or could be” a significant risk and that a decision to ban Djokovic from taking a position on vaccination “would be unreasonable or unreasonable.”

Confusion for over a week

The commotion around Novak Djokovic started more than a week ago. Before departing to Australia, the Serb admitted on Instagram that he had received an exemption from vaccination and was classified as a “medical exception”. A storm broke out, and the Australian central authorities refused to let Djokovic into the country.

Upon arrival, the Serb spent the night at Melbourne airport. He was then transported to an immigration hotel. His visa was canceled but he appealed to the court. On Monday, a judge overruled the decision to deport the leader of the ATP ranking. The Serbian tennis player has become free. However, this was not the end of his problems.

The media began to reveal a number of irregularities in the documents on the basis of which Djoković was admitted to Australia. The tennis player was not to enter Spain, in which he stayed within 14 days before crossing the Australian border, in the travel forms. He explained it with the “human but unintentional error” of his agent filling the paperwork.

The investigation of Der Spiegel journalists revealed that the December results of Djokovic’s tests were to be manipulated. The Serb himself admitted that despite the knowledge of a positive COVID test result, he met the journalist “L’Équipe” because he “did not want to let him down”. Hardly anyone believed this translation. Subsequent statements and statements by members of Djokovic’s family only obscured the matter.

On Thursday, Immigration Minister Alex Hawke made the decision to cancel Serb’s visa again. Then his lawyers went to court again. They lost, and Djokovic’s place in the Australian Open bracket will be taken by Salvatore Caruso’s 150th in the world. Italy will face Serb Miomir Kecmanovic in the first round of the evening session on Monday.