Novak Djokovic ought to by no means have been allowed to board a airplane sure for Australia if the Federal Authorities had any considerations over his medical exemption, a former senior immigration official claimed.
The Djokovic incident, which has spiralled into a global diplomatic stoush between Canberra and Belgrade, highlighted a collection of "grossly inefficient" vetting practices by immigration officers, Abul Rizvi, a former deputy secretary of the Division of Immigration, mentioned.
Mr Rizvi additionally believed Commonwealth legal professionals could face a troublesome job in court docket once they strive to withstand the defending Australian Open champion's try to overturn his visa cancellation.
"Like every other one that tries to come back to Australia, (Djokovic) deserves to be handled respectfully and correctly," Mr Rizvi mentioned, explaining how the tennis star's software was allowed to efficiently progress by way of two layers of visa safety, organising the present confrontational standoff.
As a substitute of halting Djokovic's software early, he was allowed to slide by way of the gaps and attain a 3rd layer, Mr Rizvi mentioned, which was the worst consequence for everybody.
"The primary layer of safety is whenever you apply for and are granted a visa," he mentioned.
"That is the purpose at which the entire related authorized standards must be thought-about.
"After which, and solely then, ought to the visa be granted.
"It seems in Mr Djokovic's case the Authorities mentioned, 'We've got thought-about a number of the necessities and some that we are going to try later and we'll grant you a visa anyway.'"
Mr Rizvi mentioned, at that time, Djokovic had "a proper to imagine" the Australian Authorities was going to permit him to enter Australia.
The second layer of border safety is when a passenger boards an airline to come back to Australia.
There shall be individuals from Australian Border Drive who stand behind the airline workers on the departing port, prepared to drag passengers apart or direct workers to take away individuals from the airplane if they've any considerations.
"They may have stopped Djokovic touchdown (in Australia) or boarding the airplane if that they had these considerations only some hours earlier," Mr Rizvi mentioned.
"However they did not.
"As a substitute, they used the third layer, which is probably the most inefficient level at which to cope with this."
Mr Rizvi mentioned intercepting and turning individuals round on the border "ought to solely be executed in absolute emergencies or when there was dramatic modifications in circumstances or another alarming factor has occurred."
"To show him round on the airport is grossly inefficient," Mr Rizvi mentioned.
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Commonwealth legal professionals "must do many of the proving" when Djokovic's enchantment is heard in a Federal Circuit and Household Courtroom on Monday, he mentioned.
"The very first thing that the Commonwealth Authorities must show is why did they grant him a visa if he didn't meet all of the authorized necessities?"
Mr Rizvi mentioned that was "a really tough" query the Commonwealth might want to reply for the decide.
The Commonwealth may even want to clarify why they let Djokovic board the airplane if that they had considerations, Mr Rizvi mentioned, and they'll additionally want to stipulate precisely what circumstances had modified which led to the Authorities all of the sudden cancelling his visa.
"I feel all three of these questions shall be tough ones for Commonwealth to reply."
If Djokovic wins his enchantment, the Authorities might enchantment that ruling.
Nonetheless, if Djokovic wins, Mr Rizvi mentioned the Authorities will in all probability "let it go from that time and look in charge any person else".
If Djokovic's enchantment is thrown out the world No.1 might enchantment, Mr Rizvi mentioned, however that may very well be a futile transfer.
Mr Rizvi was extremely uncertain Djokovic might conclude a profitable enchantment in time to defend his title on the Australian Open, which begins on January 17.