HomeCoronavirusAustralia live news update: Novak Djokovic visa cancellation appeal hearing begins as...

Australia live news update: Novak Djokovic visa cancellation appeal hearing begins as Victoria records 13 Covid deaths and NSW 20

Djokovic’s counsel, Nicholas Wood is arguing that “the only evidence” connecting Djokovic to anti-vaccination demonstrations is a BBC article about anti-vax groups’ anger “in response to action by the state to cancel his visa”.

Wood said:

Not a single line of evidence in the material before the minister provided any specific, logical or probative foundation for the proposition that the mere presence of Djokovic himself – not the cancellation of his visa and expulsion – may somehow foster anti-vaccination sentiment.

Wood said it is conceivable that his presence could have that effect, but that is not enough.

No evidence Djokovic’s presence at other tournaments increased anti-vax sentiment: lawyers



Minister failed to seek clarification on Djokovic’s current vaccination views, court hears



The hearing has started with an explanation from Chief Justice James Allsop about why he considered the case significant enough to have a full court (three judges) hear the case to finalise it today or tomorrow.

Allsop says that they needed to go to a higher level right away, because the right of appeal by Djokovic from a single judge to three judges would’ve been “inutile” because of the looming Australian Open.

Basically – we need a result, pronto.

In submissions just released the immigration minister, Alex Hawke, has argued that:

  • It was “clearly open” to him to conclude that Djokovic is personally opposed to vaccination.
  • There is “ample evidence” that Djokovic’s presence may foster anti-vaccination sentiment.
  • Djokovic has failed to show that the minister didn’t consider the impact of cancellation on anti-vaxx sentiment.

Hawke’s submissions note the “counter-argument” that he didn’t consider the impact of Djokovic’s removal and says basically … prove it. “There is insufficient basis for the court to make this finding,” he said.

Even if Hawke didn’t consider this, the minister argued that didn’t make his decision illogical, irrational or unreasonable, and it was not a material error.

Hawke has responded to Djokovic’s argument he should have ASKED his view by asking:

What Mr Djokovic could have said to the minister in response to a question about his stance on vaccination would not have altered the fact of his previous public statements and the views of those in the Australian community as to what his views on vaccination were.


Djokovic case begins

Novak Djokovic’s amended submissions are now public, arguing that immigration minister Alex Hawke:

  1. Failed to consider the consequences of cancellation
  2. Could not be satisfied that Djokovic’s presence “is or may be” a risk; and
  3. Was unreasonable in his conclusion about Djokovic’s stance on vaccination.

Djokovic’s lawyers have argued that what really galvanised anti-vaccination sentiment was the first decision to cancel Djokovic’s visa, citing a BBC report about widespread backlash in the wake of that decision, which was later overturned by the federal circuit court.

They said:

It was irrational, illogical or unreasonable for the minister to fail to consider the influence of Mr Djokovic’s removal on anti-vaccination sentiment.

Djokovic’s lawyers also dispute claims Djokovic is an anti-vaxxer, arguing this was based on one statement in March 2020 that had since been qualified.

They said:

There was no evidence before the minister that Mr Djokovic has ever urged any others not to be vaccinated. Indeed, if anything, Mr Djokovic’s conduct over time reveals a zealous protection of his own privacy rather than any advocacy.

They criticise Hawke for not making “the obvious, critical, and easy inquiry of Djokovic as to what his sentiment in fact was”.


Source link

- Advertisment -