Novaxx Djocovid denied visa for the second time

Discussion in 'Sports' started by Pekelo, Jan 14, 2022.

  1. Pekelo

    Pekelo

    His lawyers are lawyering hard right now... (see at the bottom)This visa denial comes with an automatic 3 year ban, although that can be appealed. Sportwise, he has won the Australian Open 9 times, his best chance to win his ultimate Grand Slam title.

    It is quite possible his antivax stance will stop him to achieve the final title to gain one over Nadal and Federer.

    Best part: The minister waited until late Friday afternoon to release this order, making it almost impossible to appeal it over the weekend.



    Bonus:



    Update:

    "Listening to the hearing (just adjourned) is that they are now really negotiating on Novak's detention. Currently, Novak won't be detained tonight. 0800 meeting with Government tomorrow (Saturday). During witch Novak be detained in the same building near the solicitors while interview and meeting of parties occur. After that ends Government expects to detain him in the Park Hotel (or something similar) until a hopefully Sunday hearing where Novak will be detained in the building at his solicitor's building while the hearing occurs. Novak solicitors wants Novak to be undetained until the hearing but Judge strongly indicated it's not really up to him largely, it's up to Government to concede further loosening of detention rules."
     
    Last edited: Jan 14, 2022
  2. Pekelo

    Pekelo

    For those out of the loop, Djoko went into the trouble of getting a fake "I had Covid" card. That is right, not a fake vax card, but the opposite. Why?

    He is a hard line antivax idiot, so a fake Covid shot card would have not looked good for his fans. The Australian Tennis association provided a loophole for people who had Covid before a certain time (Dec 10th). He quickly got such an evidence although a bit later than the given deadline(Dec 16th). But you have to play your part, and quarantine, what he failed to do so, meeting with kids, right after his "positive" results.

    Not to mention he visited Spain and Portugal before he entered Australia and lied about it on the application. All in all, his stupid beliefs may prevent him to reach 21 Grand Slam titles, cementing him as the ultimate GOAT...
     
  3. maxinger

    maxinger

    soon someone will write a thick book titled 'Djoko's multiple lies'.
     
    Last edited: Jan 14, 2022
  4. Pekelo

    Pekelo



    So what are Djokovic’s chances of challenging Hawke’s decision successfully? Well, he’s got the right to go to court and seek judicial review of the decision, but it’s going to be harder this time around. This is the case for two reasons.



    First, because he made a decision under s 133C(3), Hawke doesn’t need to give notice of his intention to cancel Djokovic’s visa. This reduces the risk of him making a fatal procedural error, like the original ABF officer did. Basically, Hawke is more likely to be on solid ground.



    Secondly, the rules of natural justice do not apply to decisions made under s 133C(3). This means that while Djokovic still has the right to challenge Hawke’s decision, he can only do so on narrower grounds. Specifically, his scope to argue that the decision is unfair is reduced.



    There’s no suggestion that he intended to do so, but cancellation under s 133C also means that Djokovic can’t seek merits review in the Administrative Appeals Tribunal. Going to court is his only option if he wants to challenge.



    In the last few days, information came out about how Djokovic had misrepresented which countries he had been in on his Australian entry form. It was also revealed that he had attended various gatherings in Serbia after registering a positive PCR result. Is that relevant now?

    https://twitter.com/sangpillai/status/1481906434065715201

    For now, the travel misrepresentation seems legally irrelevant. That could potentially have formed a separate basis for cancellation under s 109 of the Migration Act, but Hawke used s 133C(3) instead. If Djokovic wins his challenge though, Hawke could re-cancel again under s 109.

    https://twitter.com/sangpillai/status/1481906435558866946

    Many paths to the same end in the Migration Act. The Minister gets many bites at the cherry!
     
  5. ph1l

    ph1l

    upload_2022-1-14_14-58-1.png
    :D
     
    Pekelo likes this.
  6. Pekelo

    Pekelo

    Update:

    "This is going to be a mind fuck to a lot of people - The judges tomorrow (Saturday 5 pm US Eastern time, Sunday in Australia) are not considering whether Djokovic poses a health risk, “fosters anti-vax sentiment” or even if his answers on the visa application were not consistent.

    They’re assessing whether the minister has the power to intervene.

    Long story short, Djoko is fucked, will have no grounds to appeal given the full bench, and will ultimately not be playing in the tournament.

    Edit - from the judgment on the 15th:

    '23. The judicial review of an administrative decision is confined to an examination of the legality of the decision under review. It is not a procedure in the nature of an appeal which permits a general review of the decision or a substitution of the decision which the court considers ought to have been made.

    '24. The applicant bears the onus of demonstrating that the approach taken by the decision-maker manifested a legally erroneous view as to what the application for merits review was about such that the decision-maker thereby lacked authority to make the decision that was made.

    '25. The court’s role on judicial review is supervisory and confined: “The duty and jurisdiction of the court to review administrative action do not go beyond the declaration and enforcing of the law which determines the limits and governs the exercise of the repository’s power.”
    "
     
  7. Pekelo

    Pekelo

    As expected, it is over for him... Apparently, his father is just as big of a jackass as he is...



    "His father during a press conference literally said that an attack on his son is an attack on entire Serbia and compared his "suffering" to the passion of Jesus."
     
  8. Overnight

    Overnight

    Well then his father is a moron.