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[–]Zuki_LuvaBoi 948 points949 points950 points  (464 children)

Novak Djokovic has just released a statement in regards to the decision:

I'd like to make a brief statement to address the outcomes of today’s Court hearing. I will now be taking some time to rest and to recuperate, before making any further comments beyond this.

I am extremely disappointed with the ruling to dismiss my application for judicial review of the decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.

I respect the Court’s ruling and I'll cooperate with the relevant authorities in relation to my departure from Australia

I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.

Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me

[–]Chadwiko 8839 points8840 points8841 points  (207 children)

Importantly, the judges dismissed his application for appeal, not the appeal itself.

Essentially the ELI5 is that the judges ruled that the Australian Government does have the right to refuse entry to anyone, and it wasn't the court's place to overturn that.

There isn't really any coming back from that.

[–]saichampa 674 points675 points676 points  (23 children)

It's not that the courts did anything wrong. The lower court ruled that the method that his visa was cancelled under initially was incorrect. After that the immigration Minister enacted his power to cancel his visa which the higher court has ruled can't be overturned, at least in this case.

I'm not a legal expert but it is important to point out that they were two separate instances, and it would have been the federal government bringing the appeal to the high court if it was trying to overturn the decision of the lower court. Djokovic's lawyers were trying to overturn the ministers discretionary power which the high court has rejected. This was an appeal to the minister's decision, not the earlier court case

I'm happy to be corrected if my understanding is wrong though

[–]Krobo_ 1851 points1852 points1853 points  (129 children)

An IMPORTANT thing to understand is that the responsibility of the court is to determine the legality of the minister's decision. Essentially it is simply ruling that it is legal for the government to deport Novak. The merits of the decision are irrelevant to the consideration.

In the court's decision, His Honour James Allsop, Chief Justice said:

"This is not an appeal against the decision of the executive government. It is an application to the court, as a separate arm of government - being the Commonwealth Judicial branch, to review the decision of a member of the executive: the minister, for the lawfulness or legality of the decision on the 3 grounds put forward.

These grounds focus on whether the decision was for different reasons, irrational or legally unreasonable. It is no part of the function of the court to decide upon the merits or wisdom of the decision."

[–]no_apricots 617 points618 points619 points  (60 children)

He's gonna admit to whatever makes him look like less of an asshole.

My guess? That "positive" test came at an awfully convenient time. Probably paid off a doctor in Serbia to do it so he'd be "recovered" to go into Australia.

Why the fuck he went to Spain is beyond me. Man is an actual idiot.

[–]resetet 128 points129 points130 points  (3 children)

Seems pretty obvious that he did not have covid. He wasn't travelling around while sick, he simply didn't have it.

He then produced a forged positive test in order to get an exemption in Australia.

He then lied about recent travel, likely because he didn't want to throw up any red flags about the fact that he should have been isolating if he was actually sick.

Then, after all the info came out, he was forced to 'admit' to travelling while sick, because the truth that he obtained a fake test somewhere is far worse.

Obviously none of this was proven, yet. But thankfully all the other stuff was enough to get rid of him anyway

[–]edge-browser-is-gr8 58 points59 points60 points  (2 children)

Yep that's no excuse. This is exactly how 10 people in my extended family got COVID over the holidays, including a 3 year old that just finished 6 months of chemotherapy about 3 months prior. She has to be quarantined for an entire month because her immune system is still not 100%. Luckily her mother can work remotely, otherwise their family would be completely fucked.

One of my idiot cousins (unvaccinated conservative who never wears a mask, go figure) was feeling kind of bad a couple days before our family Christmas gathering. He went and got tested (surprisingly responsible), but couldn't be bothered to wait for the results before coming to our grandmother's. I shit you not, an hour after we all left, we got a group text from his wife, not him, that said he was positive. We had just spent 6 hours in a house with this guy. He went around shaking hands and hugging people like nothing was wrong.

Like what the fuck is the point of getting tested if you're not gonna wait to see the results before being in close proximity to other people? It's like wearing a condom but taking it off right before you finish???

[–]hebejebez 91 points92 points93 points  (7 children)

Same people giving him support are the extremely loud minority of antivax crowd and a few Serbians who probably genuinely bwanted to see him play tennis in Australia now they live here.

Honestly I'd be pissed if they allowed him to play as I've risked the minimal price and got my vaccine as has everyone else around me and we've all done the right thing and gone in and out of lock down repeatedly, and he's like nah I'm famous I can do what I want fuck your efforts.

considering the way some anti Vax people have been forced out of jobs or treated slightly differently, entirely bought on by their own actions, same as Novak - to see him be praised and allowed to compete on the world stage?
They should be pissed. Not that they're making that connection but they should they were just treating him like their messiah.

TL:DR - he should be shit on from both sides of the vaccine argument for different reasons

[–]super_starmie 122 points123 points124 points  (11 children)

Ever watched those Australian border force TV shows? They don't fuck around. Stuff that we'd consider harmless is outright banned, and that's without s global pandemic they're trying to control.

The rules are so strict even actual Australians have been stuck abroad because the rules won't let them come home. Honestly I don't get why Djokovic thought it'd be fine him going, especially as he made "mistakes" on his visa form in the first place.

Got food in your bag? GTFO of Australia, mate.

Mistakes on your form? GTFO of Australia, mate.

Not vaccinated and no reason except "I don't wanna"? GTFO of Australia, mate!

[–]WolfySpice 140 points141 points142 points  (16 children)

The Minister's argument was always strong. It wasn't a review of merits, but a review of whether the decision was properly made. Novax's lawyers led some rather shaky arguments, sometimes veering into evidence. The Minister's discretion was properly made having regard to the evidence.

The main argument raised was that the Minister didn't consider the effect deporting him would have on the anti-vax crowd, and only considered what effect allowing him to stay was. Of course, the Commonwealth of Australia has full sovereignty of its borders, and suffering someone to stay because of backlash is tantamount to refusing to throw someone out of a bar because they might cause a bigger nuisance.

No appeal since it was heard directly by the Full Court of the Federal Court.