MELBOURNE: WORLD no.1 tennis player Novak Djokovic is waiting to hear whether Australia will seek to cancel his visa for a second time, after being released from immigration detention three days ago when a court ruled he could stay.
Australia's Immigration Minister Alex Hawke faces a tight timeframe to decide whether to exercise his power to cancel Djokovic's visa, as the Australian Open, the year's first tennis major, is due to start on Monday.
Following is an explainer on what could happen next, based on what Djokovic has said and information from two immigration lawyers, Maria Jockel, Global and National Immigration Leader at BDO Migration Services, and Jordan Tew, a partner at Hannan Tew Lawyers.
IS THERE A TIMEFRAME FOR THE MINISTER TO MAKE A DECISION?
Legally, no. However if he is concerned about Djokovic being a threat to public health, then he would want to make a decision as soon as possible, "certainly before the Australian Open begins", Tew said.
ON WHAT GROUNDS COULD DJOKOVIC'S VISA BE CANCELLED?
The immigration minister has the right to exercise his personal power to cancel a visa if he deems it would be in the public interest to do so.
Possible grounds under the Migration Act 1958 include if the decision to grant the visa was based in part or entirely on a particular fact or circumstance that is no longer the case or did not exist, or the holder's presence in Australia might be a risk to the health or safety of a person, a group of individuals or the Australian community.
Tew said if the minister cancels Djokovic's visa, it would most likely be on the same grounds that his visa was initially cancelled - "being that his presence is or may be a risk to the health, safety or good order of the Australian community".
HAVE DJOKOVIC'S ADMISSIONS MADE HIS CASE HARDER TO DEFEND?
Djokovic said on Wednesday that his support team submitted his Australian Travel Declaration on his behalf and made a mistake about whether he had travelled in the 14 days before coming to Australia.
However the rules are clear that the individual is solely responsible for information provided on a declaration, and only the individual is supposed to use the login ID, password and pin for the Australian Travel Declaration app.
Djokovic's disclosure of the error is "a serious breach", Jockel said.
Djokovic also said that after he had tested positive for COVID-19 on Dec. 16 in Belgrade, he attended an interview with a journalist from French sporting publication L'Equipe and shook hands with other people.
"Let's see what follows from this disclosure also, but it doesn't look good on any view," Jockel said.
FOR ENTRY TO AUSTRALIA, IS PAST INFECTION GROUNDS FOR EXEMPTION FROM COVID-19 VACCINATION?
While Djokovic met the Victoria state medical exemption requirements to be able to play in the Australian Open, under Commonwealth entry requirements into Australia, past infection alone is not considered a medical reason not to receive a vaccination.
Djokovic would have to provide medical evidence that he cannot receive a COVID-19 vaccine due to a medical contraindication or an acute medical illness, including whether a person has been diagnosed with COVID-19.
"On the basis of the information that is available in the public domain, it appears that he does not meet the Commonwealth requirements to be considered an 'eligible visa holder' for entry to Australia," Jockel said.
WHAT HAPPENS IF THE MINISTER DECIDES TO CANCEL HIS VISA?
If the minister exercises his power to cancel the visa, Djokovic would be given "a notice of the cancellation decision" with relevant information and would be invited to make representations to the minister to revoke the cancellation.
COULD THIS GO TO COURT AGAIN?
Yes. If the minister cancels Djokovic's visa and does not accept any further representations made by Djokovic, the tennis star could go back to court to challenge the lawfulness of the minister's personal exercise of power to cancel his visa.
If he does not go to court, he would have to make arrangements to leave the country or he would be deported.
If it does go back to court, Tew said it was unlikely to be resolved before the Australian Open.
Reuters
Thu Jan 13 2022
Serbian tennis player Novak Djokovic rests at Melbourne Park as questions remain over the legal battle regarding his visa to play in the Australian Open in Melbourne, Australia, January 13, 2022. -REUTERS
Who is Prabowo Subianto, incoming president of Indonesia?
A wealthy ex-general with ties to Indonesia's popular outgoing president and its dictatorial past, looks set to be its next leader.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.