Tennis star Novak Djokovic may very well be "detained" once more if he wins an attraction towards his last-minute visa cancellation, the federal authorities's attorneys argue, denying it instructed the world primary his "so-called 'medical exemption'" can be accepted.
In a 13-page response revealed late on Sunday to the Serbian's Federal Circuit Courtroom attraction, the Minister for Dwelling Affairs argued Djokovic's claims of "procedural unfairness" and "illogicality" have been meritless.
His letter from Tennis Australia didn't "give any medical purpose why the applicant couldn't be vaccinated".
The submission urged the court docket to keep away from ordering the "speedy launch" of the 34-year-old and argued even when such an order was made, it will not stop Djokovic's "re-detention".
Nor would the quashing of the cancellation assure the nine-time Australian Open the possibility to defend his 2021 title, the federal government argued, saying the Minister may then determine whether or not to make "one other cancellation choice".
"It's adequate for the court docket to quash the choice," the submission stated.
"From the time these orders are made, the respondent will act on the idea that the applicant's visa has not been cancelled."
The division had despatched Djokovic a doc on January 1, saying his Australian Journey Declaration "responses point out[d] that [he met] the necessities for a quarantine-free arrival into Australia the place permitted by the jurisdiction of your arrival", in keeping with Djokovic's attorneys submissions, revealed late on Saturday.
Given the e-mail, "a visa unqualified by any related situation" and the "exemption" from AO organisers, Djokovic "understood that he was entitled to enter Australia and Victoria and to compete within the Australian Tennis Open".
However the minister's attorneys stated the division e-mail didn't state Djokovic's "so-called 'medical exemption'" can be accepted.
It merely stated the applicant's responses to his Australian Traveller Declaration indicated he met the necessities for "quarantine free" journey into Australia," the attorneys argued.
"However that claims nothing concerning the energy of the Minister (or her delegate) to interrogate these responses, the proof upon which they have been based mostly, and conclude that a cancellation energy was enlivened below the act upon his arrival into Australia," they wrote.
Djokovic has been saved within the Park Resort detention facility since arriving in Australia and having his visa sensationally cancelled within the early hours of final Thursday morning, regardless of strain from his attorneys and the Serbian authorities to let him out to practise.
His attraction, wherein his attorneys reveal the Tennis Australia "exemption certificates" was granted on the idea of a December 16 constructive PCR check for COVID-19, is due earlier than the court docket at 10am on Monday.
Djokovic's attorneys argue this analysis — inside the previous six months — gives a medical purpose towards vaccination below the Australian Technical Advisory Group on Immunisation's (ATAGI) tips.
The federal government rejects this declare, pointing to this line within the ATAGI steering: "Previous an infection with SARS-CoV-2 isn't a contraindication to vaccination".
The constructive PCR check itself emerged as a topic of controversy over the weekend due to pictures shared by followers on social media.
They present Djokovic at an occasion on the Novak Tennis Centre in Belgrade honouring younger tennis gamers on December 17, the day after the check. It is unclear whether or not he knew the results of his check at that stage.
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