Break Point: What could be Novak Djokovic’s next face in Australia visa battle?
– World Affairs SRS
Australia’s Immigration Minister Alex Hawke faces a tough deadline to decide whether to exercise his power to revoke Djokovic’s visa as the Australian Open, the first tennis major of the year, kicks off on Monday. is about to begin.
Here’s an explainer on what Djokovic has said and what might happen next based on information from two immigration attorneys, Maria Jokel, Global and National Immigration Leader at BDO Migration Services, and Jordan Tew, a partner at Hannan Tew Lawyers.
Is there any time limit for the minister to make a decision?
Legally, no. However, if he is concerned about Djokovic posing a threat to public health, he would like to make a decision as soon as possible, “definitely before the Australian Open starts”, Tu said.
On what grounds can Djokovic’s visa be revoked?
The Minister of Immigration has the right to exercise his personal power to cancel the visa if he considers it in the public interest to do so.
Possible grounds under the Migration Act 1958 include if the decision to grant a visa was based partly or wholly on a particular fact or circumstance that is no longer the case or does not exist, or the holder’s presence in Australia may be at risk. the health or safety of any individual, group of individuals or Australian community.
Tu said that if the minister did revoke Djokovic’s visa, it would most likely be on the same grounds that his visa was initially revoked – “because his presence is a risk to the health, safety or good order of the Australian community.” Or maybe”.
Has Djokovic’s confession made it harder to defend his case?
Djokovic said on Wednesday that his support team submitted their Australian travel declaration on his behalf and made a mistake about whether he had traveled in the 14 days prior to his arrival in Australia.
However the rules are clear that the individual is solely responsible for the information provided on the declaration, and only the individual should use the login ID, password and PIN for the Australian Travel Declaration App.
The disclosure of Djokovic’s error is “a serious breach”, Jokel said. Djokovic also said that after testing positive for COVID-19 in Belgrade on 16 December, he participated in an interview with a journalist for French sports publication L’Equipe and shook hands with others.
“Let’s see what comes out of this revelation, but it doesn’t look good in any way,” Jockel said.
For entry into Australia, is someone exempt from COVID-19 vaccination based on previous infection?
While Djokovic met Victoria state medical exemption requirements to be able to play at the Australian Open under Commonwealth entry requirements in Australia, previous infection alone is not considered a medical reason for not receiving vaccination.
Djokovic must provide medical evidence that he cannot receive a COVID-19 vaccine because of a medical contraindication or a serious medical illness, including whether a person has been diagnosed with COVID-19.
“Based on information available in the public domain, it appears that he does not meet the Commonwealth requirements to be considered an ‘eligible visa holder’ for entry into Australia,” Jockel said.
What if the minister decides to cancel his visa?
If the Minister exercises his power to cancel the visa, Djokovic will be given a “notice of the decision to cancel” with relevant information and will be invited to make a representation to the Minister for the cancellation.
Can it go to court again?
Yes. If the minister revokes Djokovic’s visa and does not accept any representations made by Djokovic, the tennis star will go back to court to challenge the legality of the minister’s exercise of personal power to revoke his visa. can.
If he does not go to court, he will have to make arrangements to leave the country or he will be deported.
If it goes back to court, Tew said it was unlikely to be resolved before the Australian Open.
(Reporting by Sonali Paul; Editing by Richard Pullin)
(This story has not been edited by Business Standard employees and is automatically generated from a syndicated feed.)
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