They spent 17.00 on Monday afternoon in Australia When Judge Anthony Kelly read a statement at the Federal Court of Melbourne: he annulled the decision to cancel the Novak Djokovic visa.
In addition, he ordered the immediate release of the tennis player.
The decision is based on the fact that the Australian government acknowledged that last Wednesday, after retaining Djokovic at Melbourne airport, it did not give him enough time after notifying him the intention to cancel his visa so that he could talk to his advisors, as he dictates the
Australian migration law
Despite the failure in favor of the tennis, as he remembered at the hearing the lawyer he represented by the Executive, the Minister of Immigration, Alex Hawke, now he can personally intervene and resort to the exceptional powers granted by the legislation to cancel the visa again
.
If this happens, the case could end again in the courts because Djokovic would face a ban on Australia for the next three years.
The tennis player obtained a medical exemption to compete in the Grand Slam, but then, according to the Australian border force, the hard immigration agency of the Pacific country, failed to comply with the rules that require that all those who enter are completely vaccinated against the VOCID at least
They can try a valid exemption.
For border agents, Djokovic did not have it.
But his lawyers appeared under the argument that errors in the notice of intent to cancel their visa and in the Delegate’s decision of the Minister of the Interior meant that the visa should be restored.
It is what he exposed in the first serve before the audienceNicholas Wood, the tennis lawyer, whose arguments were well hosted by Judge Anthony Kelly.
The lawyer, subjecting himself to the Australian Migration Law, said border officials did notify the client adequately his intention to cancel his visa, as well as the legislation.
Wood said that Djokovic was denied procedural equity at post-arrival at the airport on Wednesday night, since he did not have enough time to contact his lawyers and was pressed to continue an interview with the officers of force
Border while having a schedule on a schedule.
Judge Kelly recognized at that time the steps given by the tennis player.
“What else could this man have done?” He released the magistrate, then criticizing the Australian government for breaching an agreement to give him more time to defend his cancellation visa.
“He was not even granted the necessary time to be able to receive advice,” Wood insisted.
In addition, the lawyer explained that Djokovic could not be vaccinated for medical reasons after “having a certain level of natural immunity for having suffered recently Covid-19 (December 16)”, and that his client showed at the airport the medical exemption provided by him
Tennis Australia and the state of Victoria.
According to the representatives of the Executive, the Austalian Technical Advisory Group on Immunisation (Atagi), which acts as a Minister of Health Program, considers that “a prior infection of Covid-19 is not an indication for not
Vaccinate in Australia. ”
Therefore, he also rejects the argument of tennis defense that he could enter the country with a medical exemption having passed the disease in December.
