Novax Djokivic

Bunkermagnet

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Or any other clause of Section 116
Section E, for example.

There appears to be no indication that the reason involved any lies that may/may not have been on the original visa application.
I seem to remember the reason for the original judges ruling was a technical error on behalf of Border Control. If they hadn't made their technical error, he would have been denied entry at the outset.
 

Foxholer

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I seem to remember the reason for the original judges ruling was a technical error on behalf of Border Control. If they hadn't made their technical error, he would have been denied entry at the outset.
I believe that's likely.
I believe he was required to explain certain aspects (apparently the visa application was made using a process that did not allow for medical exemptions!) but was not treated 'fairly' at that time. That triggered the successful appeal, which I presume triggered 'automatic approval' of the application.
 

Bunkermagnet

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I believe that's likely.
I believe he was required to explain certain aspects (apparently the visa application was made using a process that did not allow for medical exemptions!) but was not treated 'fairly' at that time. That triggered the successful appeal, which I presume triggered 'automatic approval' of the application.
I think the technicality was Border Force didnt quite give him enough time to produce what he needed, to the tune of 20 minutes or something. That was my understanding for Novax being allowed in because of of BF not following their procedure, nothing more.
 

Foxholer

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I think the technicality was Border Force didnt quite give him enough time to produce what he needed, to the tune of 20 minutes or something. That was my understanding for Novax being allowed in because of of BF not following their procedure, nothing more.
Indeed, that's my understanding also.
It surprises me somewhat that such a glitch by BF automatically allows the applicant in. I'd have thought a re-assesment would be more appropriate. But maybe 'them's the rules'.
 

Bunkermagnet

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Indeed, that's my understanding also.
It surprises me somewhat that such a glitch by BF automatically allows the applicant in. I'd have thought a re-assesment would be more appropriate. But maybe 'them's the rules'.
But since many "get off" when on trial due to a technicality, perhaps the ruling judge felt the same with BF. At least it's a level playing field.
 

Foxholer

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But since many "get off" when on trial due to a technicality, perhaps the ruling judge felt the same with BF. At least it's a level playing field.
That's not something I would expect from the judiciary. They don't, or at least shouldn't, rule on that basis. They should rule simply on the basis of the arguments put forward. Sympathy either way might come into effect wrt sentencing or through comment.
That said, I believe the Judge agreed with Novak's advocate that, at least the limited time allowance by BF, was unreasonable.
 
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Foxholer

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Well, now that ND's absence from Aus Open is confirmed, I wonder what is going to happen for subsequent tournaments - including French (May/June) Wimbledon (June/July) and US (August/September). Plenty of others following Aus and before French too.
France and UK both currently require 10 days isolation for non-vaccinated travelers.
It would definitely be in his interest to get vaccinated! If he started now, the next fortnight should cover any perceived 'adverse effects'. But I suspect he won't decide to do so immediately.
 
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Beezerk

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Certainly of people i've spoken to, this is the reality, there is no sympathy for Novax

It only seems to be Serbs and certain quarters of the media who are painting Oz in a bad light, I’m pretty sure any sensible person can see they did a decent job. It wasn’t their fault Novak got his high paid lawyers involved to contest the initial decision and thus drag it out. It wasn’t their fault that Novak decided to try and circumnavigate the rules regarding gaining entry to the country.
 

AmandaJR

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My brother lives in Australia and those that feel the measures are too draconian certainly favour Novak but then they would as it suits their narrative. Otherwise he's done himselves no favours.
 

Bunkermagnet

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That's not something I would expect from the judiciary. They don't, or at least shouldn't, rule on that basis. They should rule simply on the basis of the arguments put forward. Sympathy either way might come into effect wrt sentencing or through comment.
But they do. Just as speeding drivers get off on the technicality of the speed gun not having been calibrated at a certain time, BF shouldn't have done a certain thing for another 20 mins or so....so that is the technicality the judge ruled on in his favour at the first hearing.
 

Foxholer

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But they do. Just as speeding drivers get off on the technicality of the speed gun not having been calibrated at a certain time, BF shouldn't have done a certain thing for another 20 mins or so....so that is the technicality the judge ruled on in his favour at the first hearing.
That was, apparently, at least one of the arguments his advocate put forward. And the likes of the 'technicality' you mentioned could also be described as 'didn't follow the rules', so I have no issue if that happens.
Oh and note the update of my post, made while you were posting yours.
 

HomerJSimpson

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Glad there has been an (inevitable?) end to this saga. Djokovic and his team did themselves no favours and it begs the question what will happen when he goes to France or the US. I guess it will dependent to a large degree on where each country is at that time in terms of infections, cases numbers any lockdown restrictions in place but I wonder if his ant-vax stand (as is his right) might come back to haunt him again
 
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