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WilliamM
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3 hours ago, BSR said:

I just saw a video summarizing all the aspects of this case.  According to Gil Gross, podcaster with Tennis magazine, Immigration Minister Hawke has conceded that prior infection in the last 6 months is a valid medical exemption.  His motivation for canceling Novak's visa is strictly politics and public relations: fear that a high-profile unvaccinated athlete being allowed to enter the country will fuel anti-vaxx sentiment in Australia.  Gross also said that the stories that Novak falsified the positive test and that he entered Spain illegally have both been debunked, although he didn't go into detail.

If the judge rules in favor of Hawke's decision, then this drama ends.  But if he rules in Novak's favor, then the government can still keep trying to deport Novak, just coming up with a different statute every time.  Who can play any tournament, much less a best-of-5 Slam, while embroiled in so much chaos?

83% of Australians think Novak's visa should be canceled, and elections are in May.  This isn't about public health.  It's always been about politics, and Alex Hawke acknowledged just that in court today.

Even if completely true, Novak is the only tennis  player in the men's and women's draw at the 2022 Australia Open who is not vaccinated. At a time when a new variation is attacking Australia.

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There has been an interesting and predictable side-effect of the Djokovic shitstorm over the past week (court still sitting at 1315h so no resolution) and that is that everyone else has been flying under the radar. It has been a distraction for some of the bigger names who have been asked t comment and expressed frustration that people were talking about him and not the tennis.

Ash Barty has had a free run with none of the concentration that could have been expected on whether she could play well, and who might win the women's tournament. The only coverage I've seen of here preparation was winning one lead-up tournament.

And the good news story from an Australian perspective has been Thanasi Kokkinakis winning his first ATP tournament at Memorial Drive. So, a home town win a couple of days before the big dance starts.

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The Full Bench of the Federal Court has unanimously dismissed Djokovic' appeal against the decision to cancel his visa. The court ruled on whether the decision was irrational or unreasonable in law, not on the merits of the decision. They have not yet released their reasoning and have foreshadowed doing so in the coming hours or days. The chief justice made the a point of saying that it was not role of the court to assess the merits of a decision of executive government.

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I don't see how the court could have ruled otherwise. Either the minister has discretion to revoke a visa or does not. In this case it did not appear unjustified for the minister to make such a decision. Only a totally capricious decision on his part could have earned the court's rebuke, it seems to me.

Edited by Luv2play
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Vasek Pospisil, Novak's best friend on tour outside of his fellow Serbs, makes some good points here.  Novak made the trip to Australia only because the government issued him a visa.  Had they denied him entry from the get go, he would have stayed home.  He didn't sneak in; he didn't break any rules.

 

 

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Tennis players usually avoid politics like the plague, for the obvious reasons.  Without wading too deep into a political situation, some players are starting to come out in support of Novak.  Even Nick Kyrgios, who has been trolling and disrespecting Novak for years, has shown his support of Novak.

 

 

 

I'm curious if Zverev & Medvedev will say anything supportive of Novak.  While the #2 & #3 players aren't really friends with Novak, both are on very good terms with him.  And both Russians (yes, I know Zverev is German, but his family is Russian & he grew up speaking Russian at home) tend to speak their mind, political correctness be damned.

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6 hours ago, Luv2play said:

I don't see how the court could have ruled otherwise. Either the minister has discretion to revoke a visa or does not. In this case it did not appear unjustified for the minister to make such a decision. Only a totally capricious decision on his part could have earned the court's rebuke, it seems to me.

The verdict is in and as I expected, the three panel court found that they could not reverse the minister's decision unless it was patently irrational or legally unsound (I'm paraphrasing). When the law gives a minister discretion, it is expected that he/she exercise it in a responsible fashion.

I can just imagine the pressures this minister was under given the high stakes involved and the whole world looking on. I don't think he has done his party any harm in the upcoming elections, where I understand the government is not very popular these days.

Novak, on the other hand, comes out the loser on several fronts, except for his cadre of unconditional supporters including the president of Serbia and antivaxxers worldwide, who have found a new idol. This is going to be a stain on his legacy which will be difficult to remove.

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Unfortunately for tennis, Tennis Australia is probably most at fault here. If they had simply said that every participant in the tournament had to be vaccinated, period, Novak probably would have opted out of participating rather than deal with an argument over his vaccination status. By setting up a procedure for exemptions, without getting a written commitment from the government to accept the results of that procedure, they gave the government leeway to make their own decision about who would be allowed into the country to participate. Claiming that allowing Novak to play would give ammunition to Australian anti-vaxxers is obviously a political decision, made after the government realized that Novak would be one of Tennis Australia's exemptions. I expect that heads will roll at Tennis Australia in coming weeks.

Novak must realize that all this is a preview of what may happen at the other major tournaments this year, in light of the fact that he is the only one of the top contenders who is not vaccinated. The longer he maintains that status, the harder it becomes for him to retain his top ranking, or to surpass Rafa and Roger as the GOAT in major titles.

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1 hour ago, Charlie said:

 

Novak must realize that all this is a preview of what may happen at the other major tournaments this year, in light of the fact that he is the only one of the top contenders who is not vaccinated. The longer he maintains that status, the harder it becomes for him to retain his top ranking, or to surpass Rafa and Roger as the GOAT in major titles.

Wasn't there plenty of time for Novak Djokovic  to realize he was unlikely to play in Australia before Tennis Australia stepped in?

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4 hours ago, Charlie said:

Unfortunately for tennis, Tennis Australia is probably most at fault here. If they had simply said that every participant in the tournament had to be vaccinated, period, Novak probably would have opted out of participating rather than deal with an argument over his vaccination status. By setting up a procedure for exemptions, without getting a written commitment from the government to accept the results of that procedure, they gave the government leeway to make their own decision about who would be allowed into the country to participate. Claiming that allowing Novak to play would give ammunition to Australian anti-vaxxers is obviously a political decision, made after the government realized that Novak would be one of Tennis Australia's exemptions. I expect that heads will roll at Tennis Australia in coming weeks.

Novak must realize that all this is a preview of what may happen at the other major tournaments this year, in light of the fact that he is the only one of the top contenders who is not vaccinated. The longer he maintains that status, the harder it becomes for him to retain his top ranking, or to surpass Rafa and Roger as the GOAT in major titles.

Novak will almost inevitably lose the number one ranking, although he doesn't really care now that he broke Roger's record for most weeks at #1.  Novak very much cares about the Slam race, and this AO was a prime opportunity to break the 3-way tie.

Some on Twitter are doubting that Craig Tiley keeps his job after this.  I'm not sure he deserves getting fired.  After all, even the federal government conceded that prior infection was a legitimate medical exemption.  Immigration Minister Alex Hawke canceled Novak's visa because he believed Novak's participation in the AO would fire up anti-vaxxers.  It's not Tiley's fault that Alex Hawke decided to play politics.

Politicians care only about 2 things: getting elected and getting re-elected.  84% of Australians thought Novak should be deported, and Morrison's government responded accordingly. 

Only Macron and Roland Garros have guaranteed that Novak can play.  UK & US current immigration rules bar his entry.  If Novak plays only for the Slams but is shut out of 3 of the 4, he might as well retire.

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24 minutes ago, BSR said:

Novak will almost inevitably lose the number one ranking, although he doesn't really care now that he broke Roger's record for most weeks at #1.  Novak very much cares about the Slam race, and this AO was a prime opportunity to break the 3-way tie.

Some on Twitter are doubting that Craig Tiley keeps his job after this.  I'm not sure he deserves getting fired.  After all, even the federal government conceded that prior infection was a legitimate medical exemption.  Immigration Minister Alex Hawke canceled Novak's visa because he believed Novak's participation in the AO would fire up anti-vaxxers.  It's not Tiley's fault that Alex Hawke decided to play politics.

Politicians care only about 2 things: getting elected and getting re-elected.  84% of Australians thought Novak should be deported, and Morrison's government responded accordingly. 

Only Macron and Roland Garros have guaranteed that Novak can play.  UK & US current immigration rules bar his entry.  If Novak plays only for the Slams but is shut out of 3 of the 4, he might as well retire.

The likelihood that Roger will win another major are minuscule, and Rafa's chances are fading. Novak needs to win only one or two more for the record. Even if 2022 is a wash-out, if he can stay in shape for a few more years, he still has a chance to set the record, because the vaccine mandate is not likely to become permanent when the pandemic subsides.

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5 hours ago, BSR said:

Novak will almost inevitably lose the number one ranking, although he doesn't really care now that he broke Roger's record for most weeks at #1.  Novak very much cares about the Slam race, and this AO was a prime opportunity to break the 3-way tie.

Some on Twitter are doubting that Craig Tiley keeps his job after this.  I'm not sure he deserves getting fired.  After all, even the federal government conceded that prior infection was a legitimate medical exemption.  Immigration Minister Alex Hawke canceled Novak's visa because he believed Novak's participation in the AO would fire up anti-vaxxers.  It's not Tiley's fault that Alex Hawke decided to play politics.

Politicians care only about 2 things: getting elected and getting re-elected.  84% of Australians thought Novak should be deported, and Morrison's government responded accordingly. 

Only Macron and Roland Garros have guaranteed that Novak can play.  UK & US current immigration rules bar his entry.  If Novak plays only for the Slams but is shut out of 3 of the 4, he might as well retire.

Blaming political leaders is fine.  But,  Novak is greatly at fault as well for refusing to be vaccined. 

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On 1/14/2022 at 8:41 AM, Charlie said:

I doubt that Novak will give in and get vaxxed now; that will make him look weak back in Serbia. Roland Garros and Wimbledon are still five months away, and the COVID protocols could change before then. I wonder, however, about the big tournaments in Spain before then; I understand that the Spanish govt is already looking into his appearances there in December, when he supposedly had been tested positive but didn't reveal that.

I just read that unvaxxed players will not be able to play Roland Garros, which means that Novak is now locked out of all four Slams.  I doubt Novak worries about looking weak to his Serbian countrymen.  He is so worshipped in Serbia that if video came out of him strangling puppies, it still would not dent his popularity.  His anti-vaxx stance is rooted in his aversion to "artificial" medicine, the same reason he avoided a simple surgery for an elbow issue he suffered for 2 years.

Novak learned the hard way that he can't rely on exemptions or natural immunity.  Either get the jab or get the **** out, say the four Slam countries.  Sure, he can sit out until the nations relax their vaxx requirements, but given that we're going on 2 years of "2 weeks to flatten the curve," he best not hold his breath.

Will Novak cave and submit to the jab?  Most ordinary folks would decide that it's just not worth the fight, but as I've pointed out, Novak is an odd bird in some ways.  There's no predicting his next move.

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22 hours ago, WilliamM said:

But,  Novak is greatly at fault as well for refusing to be vaccined. 

I am so tired of hearing this.

Would Novak been eligible to play if he was vaccinated?  Yes.

Would Novak had traveled to Australia without a Visa approved by the Australian government?  No.  

  

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One of the odd things in all this madness is that of all players, Nick Kyrgios has come out as one of Novak's strongest defenders.  Odd because for years Kyrgios has been trolling and at times flat-out disrespecting Novak, like mocking Novak's "boob throw" after winning matches and criticizing him for trying too hard to be liked, saying "it's so cringe!"  It got so bad that Novak said in a presser that off the court he has no respect for Kyrgios.

Yet Kyrgios boldly called out top players for failing to support Novak:  "On a human level, he needs support from other players. [Stefanos] Tsitispas, I get you have your views on vaccination. [Andy] Murray, we can always count to say the right thing, Nadal whatever... But bro, where is your support for the guy?"

While the two aren't going to be BFFs any time soon, there has been a warming of relations.  On Instagram, Novak thanked Kyrgios for his support, the first words the Serb has spoken to the Aussie in years.

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56 minutes ago, sam.fitzpatrick said:

I am so tired of hearing this.

Would Novak been eligible to play if he was vaccinated?  Yes.

Would Novak had traveled to Australia without a Visa approved by the Australian government?  No.  

  

Novak Djokovic's visa  status was the result of him not revealing his vaccination status until he was in Australia.

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16 hours ago, WilliamM said:

Novak Djokovic's visa  status was the result of him not revealing his vaccination status until he was in Australia.

Not so, William. He had made a request to Tennis Australia and the Victoria government for an exemption from vaccination in order to get the visa. It wasn't until he arrived in Australia that Immigration said they would not honor the visa because they wouldn't accept the reason for the exemption from being vaccinated.

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19 minutes ago, Charlie said:

Not so, William. He had made a request to Tennis Australia and the Victoria government for an exemption from vaccination in order to get the visa. It wasn't until he arrived in Australia that Immigration said they would not honor the visa because they wouldn't accept the reason for the exemption from being vaccinated.

In Novak's final appeal, the Australian federal government never challenged the medical exemption nor Novak's documentation.  They canceled his visa "for public health reasons," which the court did not overturn -- because they couldn't, and Alex Hawke knew that.

The medical exemption for infection within the last 6 months allowed for entry until the 9-time Australian Open champion was on a plane headed to Australia.  That's why the lesser-known Renata Voracova, who arrived before Novak, was allowed in.

The federal government wanted to make an example of Novak to send a message to all anti-vaxxers.  The Immigration Minister's decision to cancel Novak's visa was nakedly political.

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27 minutes ago, BSR said:

In Novak's final appeal, the Australian federal government never challenged the medical exemption nor Novak's documentation.  They canceled his visa "for public health reasons," which the court did not overturn -- because they couldn't, and Alex Hawke knew that.

The medical exemption for infection within the last 6 months allowed for entry until the 9-time Australian Open champion was on a plane headed to Australia.  That's why the lesser-known Renata Voracova, who arrived before Novak, was allowed in.

The federal government wanted to make an example of Novak to send a message to all anti-vaxxers.  The Immigration Minister's decision to cancel Novak's visa was nakedly political.

It was Novak's fault for not being vaccinated.

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5 hours ago, Charlie said:

Not so, William. He had made a request to Tennis Australia and the Victoria government for an exemption from vaccination in order to get the visa. It wasn't until he arrived in Australia that Immigration said they would not honor the visa because they wouldn't accept the reason for the exemption from being vaccinated.

 

Respectfully, my point was Novak Djokovic didn't publicly admit to not being vaccinated until he was in Australia. Please note that now Novak may miss the French Open for the same reason. Of course, I realize you already know that.

I am a tennis fan, and until recently a big Novak Djokovic fan. Not anymore. And I greatly enjoyed watching Andy Murray win today. I don't need Djokovic at all.

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