Hthe time has come for the Australian courts to rule on the ‘Djokovic Case’. The hearing before Judge Anthony Kelly has already begun and it has done so with the intervention of Novak Djokovic’s lawyer, who seems to have made the magistrate receptive to some of his arguments used in the defense of his client. The view will lengthen perhaps longer than anticipated.
More than a hundred people celebrate street parties in Melbourne in support of Djokovic
ALL THE CURRENCY OF THE DJOKOVIC CASE
6:25 HOURS A possible three-year sanction
If Novak Djokovic is deported, the Serbian tennis player could face a harsh sanction of up to three years without being able to return to Australia.
6:10 AM: They point to the possibility of deportation
The dean of the ACU Thomas More Law School and teacher Patrick Keyzer, points out that the Serbian tennis player could be deported: “My guess, after reading the presentations, is that the Court will decide that Djokovic was not denied procedural fairness … and can be deported “
6.00 HOURS The decision could be extended until Tuesday
There are already several Australian journalists who are following the last hour of the hearing that point to the possibility that Judge Kelly will not make a decision until next tuesday, so that Novak Djokovic will have to go back to Park Hotel de Melbourne, where he has been locked up since last January 6.
5.55 HOURS: The session is postponed again.
The court order on the deportation of Djokovic should expire at 6:00 a.m. Spanish time. Both the judge and the lawyers of the ministry have approved an extension (10:00 Spanish time) for the magistrate of the accusation to prepare new arguments.
5:52 HOURS:
The hearing resumes
After a break of more than 45 minutes, Judge Kelly has resumed the hearing to find out if finally Novak Djokovic is deported and cannot participate in the Open de Australia. For now, the judge has already shown his sympathy for the Serbian and has closed the first part of the hearing by asking: “What else did this man have to do to get into Australia?”
03.07 Djokovic has been allowed to leave his hotel
Novak Djokovic is not currently at The Park Hotel, where he was being held. The judge has allowed him to leave it to follow the procedure from another place, although it has not been specified from where. In any case, return after each hearing.
02.56 The argument that Djokovic cannot be vaccinated now
After some technical problems in the hearing that have forced her to stop, the signal has returned and Djokovic’s lawyer has reiterated that the tennis player has a certain level of natural immunity for having recently suffered from COVID-19. Nicholas Wood has stated that vaccination is “not advisable” and would have limited usefulness for someone who has recently been infected with COVID-19, combined with possible risks of an adverse effect. That is for medical reasons Djokovic cannot be vaccinated at this time, indicates, and hence he requested a “temporary exemption of the vaccine.”
02.22 No time for legal advice
Djokovic’s lawyer claims that his client was not given the necessary time to receive advice from his lawyers and Tennis Australia after warning him that his visa would be canceled at four in the morning. Judge Kelly also seems receptive to this argument, noting that the player was basically “incommunicado.”
01.52 About Djokovic’s travel declaration before his arrival in Australia
It was completed by Djokovic’s agent according to his lawyer Nicholas Wood, who has pointed out that in the statement on his vaccination status, Djokovic stated that cannot be vaccinated for medical reasons. Nole showed airport officials, as proof, the medical exemption provided by Tennis Australia and the state of Victoria. Judge Anthony Kelly agrees with Djokovic’s attorney’s argument that the tennis player presented all necessary medical evidence to officials, in any event.
01.40 Djokovic’s lawyer gets the judge to accept one of his arguments
The world’s number one lawyer says he made a full travel statement that included proof of his medical exemption due to his Dec. 16 Covid infection. Yes, the lawyer who defends ‘Nole’ points out that none of the Australian laws explicitly state that people cannot enter Australia unless they are vaccinated or need to provide such proof. Justice Anthony Kelly agrees: “If Parliament wanted something to be a requirement it would have said so.”
01.12 First arguments of Djokovic’s lawyers
Djokovic’s lawyers have started by arguing that border officials did not adequately notify you of their intention to cancel your visa. Before canceling a visa, Australian Migration Law specifies that officials must give proper notice and allow sufficient time for those involved to respond appropriately. Djokovic’s lawyers attempt to argue that officials did not follow this process correctly.
00.40 Finally the hearing begins
With a little more than an hour and a half late, the hearing has finally started after solving some technical problems so that it could be retransmitted. A verdict on the Djokovic Case is expected to be delivered during this day, but Judge Anthony Kelly will have until Tuesday to rule. Djokovic’s lawyers will be the first to intervene.
00.12 Andy Murray talks about the ‘Djokovic Case’
Andy Murray, who is in Melbourne thanks to a wild card, has commented the following about his rival’s situation on the track: “To be honest, I think we are all shocked by all this. But I will only say two things about it. now. The first is that hope Novak is well. I know him well, and I have always had a good relationship with him and I hope he is well. The second thing is that this is really not good for tennis, and I don’t think it’s good for anyone involved. I think it’s a really bad thing. “
Andy murray
23.40 ‘Nole’ is not only in the hands of the courts
In a document published by the Federal Court, lawyers for the Australian Department of the Interior leave the Door open for the government to cancel Djokovic’s visa a second time, even if the court annuls the initial decision. “An immediate release order does not prevent redemption if there is power to arrest,” the document reads. The Australian Home Secretary “may use any power available under the Migration Act to cancel the visa again.”
In the world’s number one claim submitted by his lawyers, it is stated that the Department of the Interior’s decision to refuse his entry to Australia was “seriously illogical, irrational or legally unreasonable”.
23.13 Boris Becker believes that Djokovic should be vaccinated
Former German tennis player Boris Becker, who should join Djokovic, assured that this “cannot continue like this”, in statements to Bild. “If you want to continue your career, I highly recommend that you get vaccinated. Do you want this discussion before each tournament? In any case, it can’t go on like this. “
Djokovic y Becker.
22.47 Australia claims that no guarantees were given to enter the country
The attorneys of the Australian Department of the Interior have insisted that Novak Djokovic you were never given any guarantees that your medical exemption would allow you to enter the country. While it was also confirmed that the world’s number one is not vaccinated, the Australian government legal team has said ahead of the appeal hearing that there is no valid reason for ‘Nole’ to have access to Australia for the tournament that begins on April 1. January 17.
Commonwealth lawyers further claim that Djokovic relied on outdated vaccination rules to support its exemption. A document published by the Federal Court rejects claims that he was not given legal advice during his interview at Melbourne airport.
As est el caso Djokovic
Novak Djokovic is being held in The Park Hotel en Melbourne. There, the world’s number one lawyers will use a strategy that they will try to strike on two fronts, after denying him entry into Australia.
On the one hand, they will try to argue that a series of “jurisdictional errors”; on the other, the tennis player’s legal team argue that ‘Nole’ tested positive for covid-19 on December 16, hence it does not require to be vaccinated.
Positive on December 16
It has been known that Djokovic claimed to have received a medical exemption to enter Australia after being infected with covid-19 last December, as pointed out by his lawyers through a court document. “The date of the first positive PCR test for covid was recorded on December 16, 2021,” the letter states.
Medical exemption
By giving this positive, according to the representatives of the Serbian tennis player, Tennis Australia, and even the state of Victoria, Just 14 days later they would have provided their client with the much desired medical exemption to play the Australian Open. “Mr Djokovic received, on December 30, 2021, a letter from the Tennis Australia Medical Director stating that he had been provided with a ‘medical exemption of the covid vaccination ‘because he had recently recovered from covid, “explains the defense document of the 20 Grand Slam winner.
I didn’t act like a ‘positive’
The issue of the positive quickly led to a review of the chronology of Djokovic’s experiences in those days. On December 14 he was witnessing the basketball game between Barcelona and Red Star. Several players from that duel tested positive in subsequent days, including Nigel Hayes on December 16, with whom precisely Novak was photographed.
The letter from the lawyers of the world’s number one tennis player states that “the date of the first positive PCR test for covid was recorded on December 16, 2021.” Just the next day to carry out this PCR, Djokovic posted on social networks some images, without mask, in the act of presentation of the stamp by the Serbian postal service. The same day 17, ‘Nole’ was present at the awards ceremony to the best tennis players of 2021 chosen by the Belgrade Tennis Association. In the photos he could be seen at the Novak Tennis Center in Dorcol, surrounded by children and without a mask.
The other goes
Another avenue that Djokovic’s lawyers will exploit, in any case, is that they will argue that correct procedures were not followed to revoke the State of Victoria approved Tennis Australia medical exemption. It will also be argued that the player was not adequately informed about the decision to cancel your visa and it will be questioned whether you were given the correct legal opportunity to defend yourself.
Recall that the medical exemption certificate Djokovic was supposed to be traveling with was awarded by two independent medical panels, one under the aegis of Tennis Australia, who directs the Open, and another under that of the state of Victoria, that is, a jurisdictional authority of considerable depth.
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