The ambitions of Novak Djokovic to play the Australian Open and win its Grand Slam number 21, to reach a new record, they faded after the immigration minister, Alex Hawke, made use of his personal power and canceled this Friday theVisa of World Tennis number one.
The measure adopted by the Australian minister put in crisis the Nole team that had arrived in Melbourne with the ambition to conquer his tenth open of Australia, which will begin on Monday.His lawyers had already anticipated that they will appeal the decision in court, but if they fail in the presentation, the tennis player will be deported immediately from the country.
"Today I exercised my power under section 133c (3) of the Migration Law to cancel Mr. Novak Djokovic for health and good order reasons, based on the fact that it was of public interest to do it," said Hawke in a Press release.
As reported by The Age, the minister indicated that "this decision followed the orders of the Federal Circuit and Family Court of January 10, 2022, annulling a previous cancellation decision for reasons of procedural equity." "When making this decision,I carefully considered the information provided by the Department of the Interior, the Border Force of Australia and Mr. Djokovic. "
The minister also stressed that the government "is firmly committed to the protection of Australia borders, particularly in relation to the Covid-19 pandemic."
Djokovic traveled to Melbourne on January 5 with a medical exemption that allowed him tennis player.
The controversy originated because the number one of the tennis had declared that he had not traveled in the last 14 days prior to his arrival in Australia, but the truth is that he had moved from Serbia to Spain, while in his country he granted an interview withA French media knowing that it was positive of Coronavirus.
The name of Novak Djokovic had mysteriously disappeared from the list of players scheduled for training sessions at Melbourne Park, scheduled for this Friday.
Djokovic was expected to be on the central court, and the media had the opportunity to see it from a window for about 15 minutes.
However, the name of the Serbian was eliminated from the list of players scheduled to train.
The nine -time Australian Open Champion completed a separate practice session at Rod Laver Arena this Friday while waiting for a definition of his legal situation.
The Australian press already made speculation about an adverse ruling for the Serbian tennis player before the resolution of the Immigration Minister was known.The public law professor at the University of Nueva Wales del Sur, Sydney, Janina Bouchey, warned that Novak Djokovic has few amendment routes.
Bouchey explained, in statements to The Sydney Morning Herald newspaper, that the discretion of immigration minister Alex Hawke is wide, and everything Djokovic could do is seek a judicial review to determine if the official has legally exercised his power.
"Being realistic, unless the minister makes a procedure error, does not comply with the terms of the law or decision really does not have the basis, it is unlikely that Djokovic succeeds," Bouchey said.
Mary Anne Kenny, an associated professor at the Law Faculty of the University of Murdoch, indicated that the personal power of the minister is not binding and, if exercised correctly, her decision cannot be reviewed by the courts.
The former deputy secretary of the Immigration Department, Abul Rizvi, also said about the case and pointed out that if the tennis player appeals, an open option for the official would be "to free him from the arrest with a bridge visa while the appeal proceeds.""That can take enough time for Djokovic to compete in the tournament," he completed.
In the midst of this crisis, the Greek Stefanos Tsitsipas expressed its discomfort due to the inclusion of the Serbian in the tournament painting, since the number 1 of the ATP was on the edge of being expelled from the country before the start of the first great slam of the year.
"Djokovic establishes his rules, this is clear. He did something that few dared since ATP and tennis Australia announced the conditions to be here. Among the players, none imagined being able to come without being vaccinated," said Tsitsipas, who admitted that "It requires a lot of courage to do it. "
However, the Greek said that "it seems that not everyone follows the rules.""And this very small minority makes most of the other players look like some idiots, in a certain sense," added the number 4 in the world.
Tsitsipas, who in Australia will debut before the Swedish Mikael Ymer (82), questioned Djokovic against a TV channel in India despite the fact that long ago he had invited to "respect Novak, whatever his decision."
For his part, Rafael Nadal was also one of the tennis players who expressed himself about the situation of Serbian.At the time of him he explained that "we must trust the people who know", in reference to health professionals who advise vaccinating to stop the pandemic.
"It is not good for anyone what is happening. I do not handle all the details of what happened so I cannot have a cemented opinion," Nadal said when the minister's decision was not yet known.
In this regard, he added: "He knows me badly for him but Novak knew the conditions in advance" and insisted that it is important to trust professionals of the subject and follow his advice to receive the vaccine.
"It is normal for people from here to frustrate. They have spent very hard confinements, people could not travel from one state to another," the tennis player transmitted by commenting on the stir that caused the news that the Serbian had allegedly received an exemptionMedical to play the Australian Open.
The authorities that organize the Grand Slam demand that its participants be vaccinated against the COVID-19, but Nole was authorized to enter the country by an Australian judge after an initial rejection of his visa, and now runs risk, according to the local press,of being sentenced to 5 years in prison in the country for their "error."
The Serbian admitted having violated the isolation arranged in his country for cases of Coronavirus.Djokovic, who never confirmed to have been vaccinated against COVID-19, was seen on December 16 in Belgrade after being positive in a coronavirus control.
The next day, the Serbian Tennis Federation announced on its Facebook profile that "the best tennis player" signed just December 17, young players.The publication included photos of Djokovic with the federation officials and about 20 young people, all without chopping.
With agency information
GRB
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