The ultimate legal battle between world tennis number one Novak Djokovic and the Australian government, which maintains that the Serb, not vaccinated against Covid-19, constitutes a “health risk” and intends to expel him from the country, has started. Sunday in the Federal Court of Australia in Melbourne.
The three judges of the Court had been hearing since 9:30 a.m. local time (23:30 GMT Saturday) the arguments of the representatives of the tennis player and those of the government.
Allowed to leave the detention center where he was placed on Saturday, Djokovic followed the hearing online from the offices of his lawyers. A “final” which could have long-term repercussions for the career of the 34-year-old Serb, accustomed to high-intensity matches.
On the eve of the first racquet shots of the Australian Open where “Nole” hopes to win a record 21st Grand Slam title, the interim hearing must decide whether the Serb should be immediately sent home and banned from Australian territory for three years, or if on the contrary he can play the tournament.
In his pleadings filed in court on Saturday, Immigration Minister Alex Hawke argued that Djokovic’s presence in the country “is likely to pose a health risk to the Australian community”.
He says it encourages “anti-vaccination sentiment” and could deter Australians from getting their booster shots, as the Omicron variant continues to spread at high speed.
– “Civil unrest” –
The champion’s presence in Australia could even “lead to an upsurge in civil unrest”, added the minister, who on Friday canceled Djokovic’s visa for the second time under his discretionary power, citing “sanitary and environmental reasons. public order”.
Even if he described the risk that Djokovic himself infects Australians as “negligible”, the minister considered that his past “contempt” of health rules against Covid constitutes a bad example.
Sunday morning before the Federal Court, the lawyers of “Djoko” described the detention of their client and his possible expulsion as “illogical”, “irrational” and “unreasonable”.
This is the second time that the Serb has been subject to deportation proceedings.
He had been blocked on his arrival in Australia on January 5 and placed in administrative detention for the first time. The player, who contracted Covid-19 in December, had hoped for an exemption to enter the country without being vaccinated, but the authorities did not accept this explanation.
The Australian government suffered a humiliating setback on January 10 when a judge blocked Djokovic’s deportation, reinstated his visa and ordered his immediate release.
The immigration minister, however, canceled his visa for the second time on Friday under his discretionary powers, and Djokovic returned Saturday morning to the Park Hotel, the now world-famous austere detention center for illegal aliens.
In a statement on Wednesday, Djokovic admitted to incorrectly filling out his entry declaration to Australia.
– “Incompetence” –
The player with 86 ATP titles, seen in Serbia and Spain in the two weeks before his arrival, contrary to what he declared in the immigration form upon his arrival, pleaded “human error”.
This twisty soap opera takes place in a country whose people have endured some of the toughest anti-Covid restrictions in the world for nearly two years, and where elections are scheduled for May.
Hence a charged political context. Pressure has intensified around Conservative Prime Minister Scott Morrison, accused of “incompetence” by the Labor opposition.
The Djokovic affair is also followed assiduously in Serbia where “Nole” is considered a national hero. On Friday, President Aleksandar Vucic accused Australia of “mistreating” him.
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