In a doc lodged with the courtroom on Saturday, Djokovic’s lawyer claims the choice by Immigration Minister Alex Hawke to cancel the visa on Friday was “illogical, irrational and unreasonable”.
Mr Hawke mentioned Djokovic was “perceived by some as a talisman of a community of anti-vaccination sentiment”.
But Djokovic’s lawyer says that declare is predicated on simply “a few lines of text he said about two years ago”.
Mr Hawke referred to a remark in April 2020 “well before COVID vaccines were available” when Djokovic mentioned he was “opposed to vaccination”, and one other incident the place the Serbian had “previously stated he wouldn’t want to be forced by someone to take a vaccine” to journey or compete in tournaments.
Subsequently, Djokovic’s lawyer mentioned the minister did not think about that booting the sportsman “on the basis of a few lines of text he said about two years ago may also foster anti-vaccination sentiment”.
Djokovic’s lawyer additionally reiterated that the sportsman was “negligible risk” of an infection to others, had a medical purpose for not being vaccinated, entered Australia with substantial documentation, “made no attempt to contravene any Australian law, was of good standing, and was known for his philanthropic efforts”.
The minister’s written causes state that he considers “Mr Djokovic’s presence in Australia may pose a health risk to the Australian community, in that his presence in Australia may foster anti-vaccination sentiment”.
The minister has mentioned this might particularly result in:
- “An increase in anti-vaccination sentiment being generated in the Australian community, leading to others refusing to become vaccinated or refusing to receive a booster vaccine.”
- “A reinforcing of the views of a minority in the Australian community who remain unvaccinated against COVID-19.”
- “People deciding to not receive a booster vaccine.”
- “Unvaccinated persons becoming very unwell and/or transmitting it to others.”
- “Increased pressure placed on the Australian health system.”
In his reasoning, Mr Hawke has additionally mentioned he has thought of that Djokovic has proven “an apparent disregard for the need to isolate following the receipt of a positive COVID-19 test result”.
The minister has referenced the actual fact Djokovic attended an interview and photoshoot with French journal L’Equipe on December 18 regardless of being knowingly optimistic for COVID-19.
“Given Mr Djokovic’s high profile status and position as a role model in the sporting and broader community, his ongoing presence in Australia may foster similar disregard for the precautionary requirements following receipt of a positive COVID-19 rest in Australia.”
It has additional been mentioned that Djokovic being in Australia may result in an elevated anti-vaccination sentiment within the nation, “potentially leading to an increase in civil unrest of the kind previously experienced in Australia with rallies and protests”.
On the difficulty of Djokovic falsely indicating on his Australia Travel Declaration kind that he had not travelled within the 14 days previous to arriving in Australia, the minister mentioned one in every of Djokovic’s brokers has supplied a statutory declaration saying the wrong info was her fault.
The minister mentioned he has assumed the declaration to be true.
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Djokovic’s attorneys will struggle these factors earlier than the Federal Circuit Court from 9.30am tomorrow, with the listening to anticipated to complete tomorrow evening, forward of the Australian Open starting on Monday.