World no.1 tennis participant Novak Djokovic is ready to listen to whether or not Australia will search to cancel his visa for a second time, after being launched from immigration detention three days in the past when a court docket dominated he may keep.
Australia’s Immigration Minister Alex Hawke faces a decent timeframe to resolve whether or not to train his energy to cancel Djokovic‘s visa, because the Australian Open, the 12 months’s first tennis main, is because of begin on Monday.
Following is an explainer on what may occur subsequent, based mostly on what Djokovic has mentioned and data from two immigration legal professionals, Maria Jockel, World and Nationwide Immigration Chief at BDO Migration Providers, and Jordan Tew, a accomplice at Hannan Tew Legal professionals.
IS THERE A TIMEFRAME FOR THE MINISTER TO MAKE A DECISION?
Legally, no. Nevertheless if he’s involved about Djokovic being a risk to public well being, then he would wish to decide as quickly as potential, “definitely earlier than the Australian Open begins”, Tew mentioned.
ON WHAT GROUNDS COULD DJOKOVIC‘S VISA BE CANCELLED?
The immigration minister has the fitting to train his private energy to cancel a visa if he deems it might be within the public curiosity to take action.
Doable grounds beneath the Migration Act 1958 embody if the choice to grant the visa was based mostly partly or completely on a selected truth or circumstance that’s not the case or didn’t exist, or the holder’s presence in Australia is perhaps a threat to the well being or security of an individual, a bunch of people or the Australian neighborhood.
Tew mentioned if the minister cancels Djokovic‘s visa, it might most definitely be on the identical grounds that his visa was initially cancelled – “being that his presence is or could also be a threat to the well being, security or good order of the Australian neighborhood”.
HAVE DJOKOVIC‘S ADMISSIONS MADE HIS CASE HARDER TO DEFEND?
Djokovic mentioned on Wednesday that his help workforce submitted his Australian Journey Declaration on his behalf and made a mistake about whether or not he had travelled within the 14 days earlier than coming to Australia.
Nevertheless the foundations are clear that the person is solely answerable for data supplied on a declaration, and solely the person is meant to make use of the login ID, password and pin for the Australian Journey Declaration app.
Djokovic‘s disclosure of the error is “a critical breach”, Jockel mentioned.
Djokovic additionally mentioned that after he had examined optimistic for COVID-19 on Dec. 16 in Belgrade, he attended an interview with a journalist from French sporting publication L’Equipe and shook fingers with different individuals.
“Let’s see what follows from this disclosure additionally, but it surely doesn’t look good on any view,” Jockel mentioned.
FOR ENTRY TO AUSTRALIA, IS PAST INFECTION GROUNDS FOR EXEMPTION FROM COVID-19 VACCINATION?
Whereas Djokovic met the Victoria state medical exemption necessities to have the ability to play within the Australian Open, beneath Commonwealth entry necessities into Australia, previous an infection alone isn’t thought-about a medical purpose to not obtain a vaccination.
Djokovic must present medical proof that he can’t obtain a COVID-19 vaccine on account of a medical contraindication or an acute medical sickness, together with whether or not an individual has been recognized with COVID-19.
“On the premise of the knowledge that’s accessible within the public area, it seems that he doesn’t meet the Commonwealth necessities to be thought-about an ‘eligible visa holder’ for entry to Australia,” Jockel mentioned.
WHAT HAPPENS IF THE MINISTER DECIDES TO CANCEL HIS VISA?
If the minister workouts his energy to cancel the visa, Djokovic can be given “a discover of the cancellation determination” with related data and can be invited to make representations to the minister to revoke the cancellation.
COULD THIS GO TO COURT AGAIN?
Sure. If the minister cancels Djokovic‘s visa and doesn’t settle for any additional representations made by Djokovic, the tennis star may return to court docket to problem the lawfulness of the minister’s private train of energy to cancel his visa.
If he doesn’t go to court docket, he must make preparations to go away the nation or he can be deported.
If it does return to court docket, Tew mentioned it was unlikely to be resolved earlier than the Australian Open.
(Reuters)