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Djokovic removed from Park Hotel during court hearing



Djokovic removed from Park Hotel during court hearing

The court hearing Novak Djokovic‘s appeal in Melbourne has ruled that the player must be removed from the Park Hotel in Carlton during the hearing.

Judge Anthony Kelly has also raised concerns about the rejection of Djokovic’s medical exemption.

The Federal Circuit Court of Australia is hearing Djokovic’s appeal against the decision to deny the tennis player a visa before the Australian Open.

The court issued an order issued Sunday to remove Djokovic from the Park Hotel and take him to “a location specified by the plaintiff’s lawyers” during the hearing.

The order reads: “The defendant, by her servants or agents, including the Australian Border Force, takes all steps and does whatever is necessary to bring the applicant to the facilities specified by the applicant’s attorneys on Monday the 10th. January 2022 (and every day thereafter, including at sentencing).

“This is to allow him to remain there until the conclusion of each hearing and to ensure his safe return to detention at the conclusion of each hearing.”

The hearing was delayed due to technical problems with the court’s video link, but Djokovic’s attorneys began arguing their case before Judge Kelly.

The judge asked the court: “What else could this man have done?” and said he was “agitated” by the issue.

“Here, an eminently qualified professor and physician have filed and provided the applicant with a medical exemption,” Judge Kelly said.

“In addition to that, that medical exemption and the basis on which it was granted was granted separately by another panel of independent experts established by the Victorian state government and that document was in the hands of the delegate.”

Djokovic’s lawyer, Nicholas Wood, has argued that the notification of the intention to cancel the visa was flawed because it was made on “a confusing mixture of two reasons.”

He also argued that Djokovic was treated at the airport as if access to lawyers “could not possibly” assist in the matter and was not given a reasonable opportunity to respond to the notification.

Australian government attorney Christopher Tran will argue that Djokovic responded to the notice.

It was revealed in court documents filed by Djokovic’s lawyers that the player had been infected with COVID-19 in December 2021.

The documents said the infection was the basis for Djokovic’s medical exemption.

The documents also noted that Djokovic expressed “shock”, “surprise” and “confusion” when he was notified of the cancellation of his visa “since (as he understood it) he had done everything that was required of him to enter Australia”.

But Australia’s Department of Home Affairs produced court documents stating that “there is no guarantee of entry of a non-citizen to Australia”.

He noted that the minister has the power to cancel Djokovic’s visa a second time if the court rules in his favor.

“As the Court stated to the parties in a previous mention, if this Court were to issue orders in favor of the plaintiff, it would be up to the defendant to administer the Law in accordance with the law.

That may imply that the delegate decides whether to make another cancellation decision, but there are also other powers in the Law, as the Court will know. “

dpa / NAN

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