On Thursday evening local time, the second urgent complaint Novak Djokovic against deportation from Australia appeared before Melbourne District Court Judge Anthony Kelly, who had already ruled in his favor once.
Judge Kelly has become a central figure in the legal battle between Djokovic and the Australian state. His first step now was to delay the immediate deportation of Djokovic, whose visa, which Judge Kelly had previously ruled to be valid, had been revoked by Federal Immigration Minister Alex Hawke on the basis of his discretion. though, so that they don't think of taking any steps without first informing him.
This time, Djokovic will not be forcibly accommodated in a hotel for people with unregulated residence status until the next hearing. That could change if the trial were prolonged. In that case, Djokovic would have the status of a detainee and would probably be transferred again to a hotel for migrants. In the meantime, his movement is restricted, which is monitored by two police officers.
According to Australian media, his lawyers were told the news that Minister Hawke would cancel his visa 20 minutes before the official announcement.
Both sides in the proceedings agreed that the appeal procedure should be scheduled for Saturday at 8 am local time (22 pm CET). Despite the opposition of Djokovic's lawyers, Judge Kelly ordered that the case be transferred to the Federal Court, because, as he said, the corona virus has had a great impact on the lives of people in Australia, and vaccination is "a political decision, so it would be better to talk about it." the Federal Court decides".
One of the legal problems is, obviously, that the previous judgment of Kelly was not appealed, but was annulled on the basis of ministerial law, which probably also falls under the jurisdiction of the Federal Court.
Judge Kelly presented the documents that were delivered to him: Minister Hawke's decision to cancel Djokovic's visa, as well as the Federal Government's submission. There is also a document called "sensitive".
Australian Prime Minister Score Morrison said he "understands the reasons why Minister Hawke revoked Mr. Djokovic's visa." He said they were Australians made "many sacrifices during the pandemic and that they "rightly expect that the results of those sacrifices will be protected", and that "a firm border protection policy has preserved Australians". Due to the "expected continuation of legal proceedings", he did not want to say anything specific.
Novak Djokovic apparently decided not to surrender and use all legal means in order not to play at the Australian Open. Information about the "Djokovic case" is reported by all the world's media as breaking news. Tennis fell into a completely different plan. The world public mostly criticizes the "Serbian anti-vaxxer", while the vast majority of Serbs wholeheartedly support him.
Against his will, Djokovic found himself at the center of events in a world that has been changed by the pandemic: everywhere, many freedoms are restricted for people, primarily freedom of movement. His "Australian process" raises many social, political and legal issues, including the issue of the position of hundreds of thousands of refugees and migrants with irregular visa status around the world.
AI/FoNet/RTS/Spiegel
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