Questions and answers about the Djokovic case

The Novak Djokovic case, which had the sports world in suspense for several days, is nearing a resolution. The world number one took a key victory this morning in the audience before the representatives of the Australian federal government, who made the decision to deport him last Thursday despite having a medical exemption to play the Australian Open – it will start next Monday – without having been vaccinated against the covid.

Judge Anthony Kelly, of the Australian Federal Court, ordered the Home Office to release Djokovic within no more than 30 minutes of the ruling. The Serb had been in isolation in a refugee hotel for five days awaiting the outcome of his appeal. The government body understood that the number one in world tennis had not complied with the regulations to enter one of the strictest countries in controls to mitigate the scope of the coronavirus.

The final decision of the judge determined a relevant victory for Djokovic, who was already able to train in Melbourne, a message that reflects your unwavering intention to play the tournament where you could break the record of Grand Slam titles – today he has 20 and shares the mark with Roger Federer and Rafael Nadal-. The Serbian is match point in favor but you can still suffer a defeat: Christopher Tran, the legal representative of the Interior portfolio at the hearing, advised that the Ministry of Migration, which was not part of the legal dispute and is managed by Alex Hawke, maintains the powers to deport the best tennis player on the planet.

Why did Djokovic win the hearing on his appeal?

As soon as the hearing began, Judge Kelly began to set a trend that would later be verified in reality. “A teacher and a qualified doctor filed a medical exemption. That exemption and the grounds for which it was granted were determined by an independent panel from the State of Victoria (NdR: its capital is Melbourne, where the Australian Open is played). That document was in the hands of the Interior delegate. What else could this man have done? “asked the magistrate in reference to Djokovic himself.

Why did you win? At 5:20 on Thursday, January 6 Djokovic was notified, at the airport, that he had until 8.30 a.m. to respond to the decision to cancel his visa. Indeed, he answered at 6.14 and the delegate decided to suspend the visa at 7.42, but he did not have the option to question the decision until 8.30 as stipulated. At that time the Serbian could have consulted with Tennis Australia, the organizing federation of the tournament, or with the lawyers.

Who made a mistake so that he had the exemption and then they wanted to deport him?

Djokovic traveled to Melbourne with the certainty of having a medical exemption spread by two organisms: the State of Victoria, ruled by Daniel Andrews, of the Labor Party, and Tennis Australia, the organizing federation of the Australian Open, led by Craig Tiley.

The exemption was granted on the grounds that Djokovic had had covid in the last six months: the positive, according to his defense, dates from December 16. Already at Melbourne airport the Serbian was delayed by the Border Force of the Federal Government of Australia, administered by the Liberal Party, by not have the corresponding visa for a medical exemption. Days before his arrival, when it was already known that he would have the medical exemption, Australian Prime Minister Scott Morrison warned: “If the tests are not sufficient, the first plane will be taken home. “

Djokovic was able to delay his deportation and was isolated in a refugee hotel, where he remained until Judge Kelly’s ruling came out. The number one in the world, indeed, complied with the rules established by Victoria and Tennis Australia, which at the same time they were not enough for the federal government, and was left in the middle of two conflicts: his fight to play without being vaccinated and the political dispute between two opposing governments in ideological terms.


What can the Australian government do now?

Djokovic won the legal battle but the victory, for the moment, is not final. He was kept in isolation in Australia, resisted deportation and prevailed in court, although the Australian government still has, ultimately, the power to deport the Serb.

Now, with the defeat of the Ministry of the Interior in the audience, everything was left in the hands of one man: Alex Hawke, the head of the Migrations portfolio, the arm of the government that could act to put another brake on Djokovic.

Initially Hawke could have called up Djokovic at the last minute in the afternoon in the capital of Victoria, since had a legal margin of four hours after the ruling to do so, but there was no immediate news about it.


Is it already confirmed that Djokovic will play the Australian Open?

The first Grand Slam tournament of the season will start in a week but Djokovic, beyond success that he achieved in the audience, his participation is not confirmed.

The Australian government has one last chance to revoke your stay in Melbourne through the operational arm of the Ministry of Migration, although it will be necessary to see if it decides to execute it. For now, the Serbian, while remaining firm in the fight, has already sent a shot for elevation: He posted a photo after training at Melbourne Park and made it clear that he intends to play.

“I am pleased and grateful that the judge reversed the cancellation of my visa. Despite everything that happened I want to stay and try to compete in the Australian Open. I’m still focused on that. I flew here to play one of the biggest events we have in front of the amazing fans. For now I can’t say more, but THANK YOU all for being with me in all this and encourage me to stay strong, “he wrote. The question, now, is whether the government will pay the cost of stopping it again.


If Djokovic tested positive for covid on December 16, why was he in public appearances the following days?

The biggest controversy in the Djokovic case does not fall within the legal framework: it was demonstrated at least after Judge Kelly’s decision. The problem, in short, is moral: if Djokovic tested positive for covid on December 16, Why did you maintain public relations the following days, without a mask or distance?

On December 17, With the positive confirmed, the Serbian participated in a social event at the Djokovic Tennis Center without any type of health care or social distancing, surrounded by children and without a mask. One day later, as if it were not enough, was part of a photo session of the French newspaper L’Equipe, also without protection, within the framework of the delivery of the “Champion of Champions” award, in an extension of the position that he already knew how to exhibit in mid-2020.

The sports newspaper revealed the information during the days when Djokovic was kept in isolation at the Melbourne refugee hotel. This Monday, after the ruling, the Serbian’s family held a press conference from Belgrade. His father Srdjan, who had already compared him to Jesus, was blunt: “This is a great victory for him and for the entire freedom-loving world.”

At one point a journalist asked if it was true that on December 16 Djokovic learned that he was already positive for covid. Djordje Djokovic, Nole’s younger brotherHe replied: “Yes, the whole process was public and all the documents that are public are legal.” The cross-question was not long in coming: “Were you at an event on December 17?” The answer, then, was overwhelming: “Okay, uh, this press conference is over.”

Before the accumulation of speculations, that suggested that Djokovic did not know the result of the test when he attended both the event at the Djokovic Tennis Center and the production of photos, the journalist Quentin Moynet, from the newspaper himself L’Equipe, buried any option to take it off. The number one in the world took the covid test at exactly 13:05:12 on December 16 and received the positive result the same day, seven hours later, more precisely at 20:19:56.

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