Posted originally on the conservative tree house on January 10, 2022 | Sundance | 259 Comments
The Australian Open is scheduled to begin January 17th in Melbourne, the epicenter of Australia’s totalitarian COVID mandates. However, one of the biggest and most important sporting events in the country has turned into a national embarrassment as the world now sees the arbitrary and nonsensical nature of the Australian rules and regulations surrounding their COVID response.
Judge Anthony Kelly dispatched the government argument, squashed the visa cancellation and further ordered the Australian Government to pay legal costs and release Djokovic from detention within half an hour. An overwhelming victory following well-presented legal arguments based on reason and logic from Djokovic’s lawyers.
In court the lawyers for Djokovic outlined all the steps their client had followed to ensure he complied with all of the government rules and regulations before being granted his visa entry to compete in the Australian open. [Court filing Here]
The judge heard about all the steps Djokovic had taken, and also heard about the ridiculous, and consistently changing rules and arbitrary responses from border authorities when he arrived at the airport, presented his approved visa and was then put into prison because he was not vaccinated. [Read interrogation transcript here]
Judge Kelly asked the court the same question that Djokovic asked the border authorities: “What more could this man have done?” in relation to fulfilling the expected requirements for a medical exemption. The Australian government did not have an appropriate answer for the eloquent, commonsense and matter-of-fact delivery presented by the Djokovic team.
As a result of the sheer madness represented by the indefensible bureaucratic mess the Australian government attempted to justify, Judge Kelly ordered the government to release Djokovic and overturned the visa cancellation. However, his ultimate fate is uncertain as the Australian government may still deport him regardless of the judge’s ruling. More insanity.
(Associated Press) – […] Judge Anthony Kelly quashed the visa cancellation and ordered the Australian Government to pay legal costs and release Djokovic from detention within half an hour.
But Minister for Immigration Alex Hawke is still considering whether to exercise a personal power of cancellation of Djokovic’s visa in a process that could drag on for a number of days.
Meanwhile Djokovic’s uncle Goran Djokovic claimed Australian officials were urging Djokovic to give up his battle or risk being given a three-year ban from entering the country.
A spokesman for Minister Hawke, in a statement released to AAP, said: “Following today’s Federal Circuit and Family Court determination on a procedural ground, it remains within Immigration Minister Hawke’s discretion to consider cancelling Mr Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act. “The Minister is currently considering the matter and the process remains ongoing.” (read more)
Neil Oliver discusses the downstream ramifications for the Australian government.