And so now he's gone....bye bye Novax

[imastawka]

Novak Djokovic has lost a bid to stay in Australia after the Federal Court upheld the government's decision to cancel the tennis star's visa.

The Federal Court hearing, expedited to take place the day before the Australian Open begins, is the culmination of a weeks-long saga over the Serb's visa.

The men's world number one arrived in Australia just before midnight on January 5, had his visa cancelled by Border Force officials shortly after, then had it reinstated by a Federal Circuit Court judge in a hearing last Monday.

Late on Friday, Immigration Minister Alex Hawke cancelled Djokovic's visa for a second time, citing "health and good order grounds".

Djokovic's lawyer's disputed that decision, taking it to court for judicial review.

The full bench of the federal court this evening ruled against Djokovic.

In the Federal Court today, Djokovic's lawyers accused the minister of producing no evidence to back his claim that Djokovic's presence in Australia would incite anti-vaccination sentiment. They also argued it was irrational, illogical or unreasonable for the minister not to consider that deporting Djokovic could whip up the same sentiment.

Djokovic's lawyer Nick Wood said Mr Hawke had misinterpreted media reports about Djokovic's views on vaccination, and the level of support he receives from anti-vaccination groups.

He was particularly critical of the minister's reliance on a BBC article as evidence Djokovic opposed vaccines. He argued the article was written before vaccines were available, and it actually showed Djokovic had an open mind and did not believe himself to be an expert. He criticised the minister's failure to ask Djokovic himself about his views.

But the minister's legal team argued there was ample evidence of Djokovic's "well-known stance" on vaccination — including the fact he had refused to get vaccinated himself – and that the minister had no obligation to ask Djokovic about his views.

They said Djokovic could not prove the minister had not considered the possibility that deporting him could also stir up anti-vaccination sentiment, and even if he did not consider that outcome, that would not amount to an error on his part.

Federal Court rules on Novak Djokovic's legal fight against visa cancellation (msn.com)

Will they keep him out for the three years?

Personally, I applaud the decision.

[padi*0409]

Good decision Stawks, I believe he was fully aware that his "medical exemption" would not be valid, then to top that off he lied about his travel in the previous 2 weeks.

I was never a fan of his due to his arrogance and attitude - to say nothing of his "medical breaks" when the game was going against him.

...............and he has to pay the Australian Governments legal fees as well..............

Game, Set and Goodbye Joker.

[mtnlane]

It will be interesting to see whether either legal representatives seek further orders.  In the meantime Novax has released the following statement:

'I would like to make a brief statement to address the outcomes of today's Court hearing. I will now be taking some time to rest and to recuperate, before making any further comments beyond this.

I am extremely disappointed with the Court ruling to dismiss my application for judicial review of the Minister's decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.

I respect the Court's ruling and I will cooperate with the relevant authorities in relation to my departure from the country.

I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.

Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me.'

https://www.abc.net.au/news/2022-01-16/novak-djokovic-live-updates-visa-cancellation-court-hearing/1...

What a pity he did not consider how his refusal to be vaccinated would impact on other players and place the focus squarely on him prior to this.

[imastawka]

Paying fees won't affect his bank balance, more's the pity.

97/100 players who came here to play in the Australian Open were vaccinated.

Renata Voráčová was deported, and I can't find who the other player is, nor the outcome.

[imastawka]

It will be interesting to see whether either legal representatives seek further orders. 

Can you appeal an appeal though?

[veiled-lady]

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@padi*0409 wrote:

Good decision Stawks, I believe he was fully aware that his "medical exemption" would not be valid, then to top that off he lied about his travel in the previous 2 weeks.

I was never a fan of his due to his arrogance and attitude - to say nothing of his "medical breaks" when the game was going against him.

...............and he has to pay the Australian Governments legal fees as well..............

Game, Set and Goodbye Joker.

---

Exactly my sentiments, and those of my other half also.

Couldn't have said it any better.

[padi*0409]

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@imastawka wrote:

Can you appeal an appeal though?

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The ruling made by the 3 judges before the Federal Court can't be appealed Stawks..........he's done and dusted now.

[veiled-lady]

Can we please get on with the tennis now?

I feel very sorry for all the players who have been and will be asked about this decision.

Just let them get on with what they are here for, and do well.

My elderly mother has stopped watching the news, or even turning on the TV, as she's so sick of it all being about Novak.

[mtnlane]

No - any possibility of an appeal was ruled out at the outset.  I cannot remember the legal terminology for that lol.

The 'further orders' related to costs etc I believe but neither party has sought any so the matter is now closed.

[repentatleisure1952]