By Martin Cole-
Three judges who unanimously rejected Novak Djokovic’s bid to stay in Australia to contest the Australian Open have revealed their reasons for the ruling.
In a written statement, the judges said it was not irrational for Immigration Minister Alex Hawke to eject the Djokovic due to concerns the unvaccinated Serbian star could pose a risk to public health and order.
The ruling said it was open to the minister to infer Djokovic’s presence could encourage anti-vax protests, which could aid the spread of Covid-19.
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The judges said the minister’s decision also included the star’s possible influence on people who were unsure about whether to take the vaccine.
“The possible influence on the second group comes from common sense and human experience: An iconic world tennis star may influence people of all ages, young or old, but perhaps especially the young and the impressionable, to emulate him. This is not fanciful; it does not need evidence,” the ruling said.
The world’s No. 1 men’s player was kicked out of the country on the eve of the competition after the court upheld the immigration minister’s decision to cancel his visa.
It was the second time Djokovic’s visa had been canceled . The first came in the hours after his arrival in Australia on January 5, when Australian Border Force (ABF) officers rejected his purported exemption from rules that state all new arrivals must be fully vaccinated.
Djokovic said a previous Covid infection meant he was exempt, but his reasons were deemed insufficient.
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The matter went to court and a single judge ruled the decision was “unreasonable” because he wasn’t given enough time to consult his lawyers. Djokovic was freed from detention and resumed his training at Melbourne Park in the hope of securing his 21st grand slam title.
A few days later, the Australian minister exercised his executive power to cancel his visa again, stating the unvaccinated player was a threat to public health and order. The issue was referred to a higher court and the three judges convened last Sunday.
Include din the legal argument by the Australian Immigration Minister, Alex Hawke, was the fact Djokavic had attended a journalistic interview 24 hours after testing positive for Covid-19.Novak Djokovic has admitted attending an event with children while he was Covid positive, but said he didn’t know he was infected until shortly afterwards as he addressed questions about his positive Covid test in mid-December.
On Sunday, the judges ruled there had been no error and Djokovic agreed to leave.
In a statement, the player said he was “disappointed” with the decision but respected the court’s ruling. That night he departed Melbourne en route to Serbia, where he received a hero’s welcome.
In a statement soon after Sunday’s ruling, Djokovic’s family blamed the decision on politics.
“This isn’t just a sports issue and playing at the first grand slam of the season, dominated by Novak for a decade now, but politics as well all the interests that took priority over sports,” the statement said.
Under Australian law, Djokovic can be banned from the country for three years, though Home Affairs Minister Karen Andrews hasn’t ruled out an exemption. “Any application will be reviewed on its merits,” she said earlier this week.
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