By David Young-
The legal argument used by the Australian government in their successful legal battle of 2021 to eject tennis Ace Novak Djokovic from Australia was flawed, an Australian lawyer has anonymously told this publication.
The Australian eminent lawyer’s views were expressed after being introduced to members of this publication randomly during a visit to the Uk.
The lawyer, who is himself fully vaccinated, made the claim during a normal conversation about his country, as proposals were made for him to join this publication’s thinktank group. He has 11 years experience in criminal law, and holds that view that the tennis player displayed some levels of arrogance and negligence which he argues made the ruling not so unreasonable, but ”not backed by correct legal principles”.
Djokavichad his visa revoked on the eve of the 2022 Australian Open in January for not being vaccinated against COVID-19 and received a three-year travel ban for the country.
The claim comes long after an Australian Court gave its ruling, overruling an earlier ourt that upheld the tennis star’s case.
Djokavic was allowed to participate in the Australian Open last month after the country relaxed its entry requirements.
Australian Immigration Minister Alex Hawke’s cancellation of Djokovic’s visa on public interest grounds was weak on multiple fronts. It’s primary claim that anti vaccination sentiment would result from allowing him into the country has no demonstrable connection to the main goal of securing the health of the Australian people, an Australian lawyer has today told The Eye Of Media.Com.
Legal grounds in Australia for deporting people include ‘conviction of certain serious crimes for which they have received a prison sentence; or if the individual concerned is considered to be a threat to the security of Australia. Before a deportation order is made on these grounds, you will be given the opportunity to appeal against your adverse security assessment
The Australian lawyer who has insisted on anonymity told The Eye Of Media.Com; ”Vaccination status provides no absolute safeguards from contracting the virus or spreading it- numerous examples can be proliferated to show this fact.
”The notion that vaccination status reduces the chances of contracting the virus is theoretical, even if true, and vaccination in any case did not guarantee the objective of keeping the Australian public safe from the virus. It helped minimise the spread of the virus, but the conflicting information about vaccination and the rare news of people dying from some of the vaccination, reasonably justified some people being wary of it
”Presenting vaccination as a recommendation is consistent with scientific advise, but cannot be factually presented as legal grounds to claim that an individual’s presence is not conducive to the public good on public. health grounds.
”The argument presented by the Australian government at the time was pathetic, and that should have been defeated by a competent lawyer, but Djokovic’s admission he saw a journalist after testing positive for Covid-19 was suicidal in itself.
”It was an own goal, and the Australian government’s lawyer would have had no chance of victory in the face of a bright lawyer knowledgeable of legal principles.
”As it happens a vast majority of the Australian public at the time supported the ruling, but it doesn’t changed the fact it was flawed”.
Djokovic, 34-year-old Serb’s visa was cancelled in 2022 on stated public interest grounds because he is not vaccinated for COVID-19, overlooking the contradiction in the fact the tennis ace was given a visa to travel into the country.
The Australian government argued that unless his visa was cancelled, it would fuel anti-vaxx sentiment in the country. Hawke elaborated his argument on the grounds that Djokovic’s anti vaccination stance was well known, and in light of the sacrifices made by Australians due to the lockdown, allowing him to participate in the tournament would be counterproductive to the initiative in Australia.
Hawke said Djokavic had become a poster boy for anti-vaxxers, but cited nothing to evidence a potential direct causative link between him participating in the Australian open and an increase in anti-vxx sentiment in Australia. The allegation was a mere conjecture without any basis in fact or law.
”The only tenable grounds the Australian government could have had for ejecting Djokavic, was the news he attended a journalistic interview after being aware he had tested positive for Covid. That revelation showed him to be reckless and played into the hands of the Australian government, and having no regard for the health safety of the Australian people.
Whilst vaccination is said to reduce the chances of infection and spreading a much unwelcome virus, the fact numerous people who are double vaccinated have been infected and spread the virus, has led many to question its efficacy.
Djokavic at the time said: “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,” Djokovic said.
“I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country,” he added.
Djokovic said he was “uncomfortable” that the focus had been on him since his visa was first canceled on arrival at Melbourne’s airport on Jan. 6.
“I hope that we can all now focus on the game and tournament I love,” he said..
Deportation usually occurs as soon as possible after an order unless prevented by court action. The government has not said when Djokovic will leave. A deportation order also usually includes a three-year ban on returning to Australia.
In Serbia, President Aleksandar Vucic said the hearing was “a farce with a lot of lies.”
“They think that they humiliated Djokovic with this 10-day harassment, and they actually humiliated themselves. If you said that the one who was not vaccinated has no right to enter, Novak would not come or would be vaccinated,” Vucic told reporters.
Chief Justice James Allsop at the time said the ruling came down to whether the minister’s decision was “irrational or legally unreasonable.”
Hawke at the time said:
“Australia’s strong border protection policies have kept us safe during the pandemic, resulting in one of the lowest death rates, strongest economic recoveries, and highest vaccination rates in the world,” Hawke said in a statement.
“Strong border protection policies are also fundamental to safe-guarding Australia’s social cohesion which continues to strengthen despite the pandemic,” he added.
Djokavic has since been denied participation in the Miami Opens in March this year, after the Serbian was denied an exemption that would have allowed him to enter the United States despite not being vaccinated against COVID-19, tournament director James Blake said.18
However, the tennis ace will be allowed to play 2023 US Open as unjabbed star gets green light to enter America. Novak Djokovic will be allowed to compete at this year’s US Open after the Senate voted to lift Covid restrictions on May 11.