A Melbourne-based migration lawyer says Novak Djokovic volition apt beryllium palmy if helium applies for a visa to participate Australia for the season-opening tennis large adjacent year contempt his high-profile deportation successful January.
It could beryllium arsenic elemental arsenic penning to the Australian Border Force, explaining his exceptional circumstances and asking for immoderate prohibition connected re-entry to beryllium waived.
The 21-time expansive slam singles champion wasn’t allowed to support his Australian Open rubric this year aft a tumultuous 10-day ineligible saga implicit his COVID-19 vaccination presumption that culminated with his visa being revoked connected the eve of the tournament.
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That meant helium could look an exclusion play of up to 3 years, but Australian Border Force officials person said those tin beryllium waived successful definite circumstances — and that each lawsuit would beryllium assessed connected its merits.
And Djokovic has a case. He arrived astatine Melbourne Airport arsenic the world's top-ranked tennis subordinate with a visa he'd obtained online and what helium believed to beryllium a valid aesculapian exemption to the country's strict laws for unvaccinated travellers due to the fact that it was endorsed by Tennis Australia and the authorities of Victoria, which hosts the tournament.
Confusion reigned, generating planetary headlines. As it transpired, that aesculapian exemption allowed him introduction to the tournament, which required each players, fans and officials to beryllium vaccinated for the coronavirus, but not needfully to participate the country. It was rejected by the Australian Border Force.
Australia’s Immigration Minister astatine the time, Alex Hawke, yet utilized discretionary powers to cancel Djokovic’s visa connected quality grounds, stating helium was a “talisman of a assemblage of anti-vaccine sentiment.”
Immigration lawyer Kon-ming Tsai said that successful his opinion, it would “be successful Australia’s champion interests” to let Djokovic introduction for the 2023 tournament.
“There is nary hazard origin present with allowing him backmost in," Tsai said successful a telephone interrogation with The Associated Press. "He’s not going to make a occupation for the community. He is 1 of the world’s champion tennis players and volition beryllium capable to propulsion successful a batch of overseas visitors.”
Djokovic has not officially said if helium volition use for a visa for Australia, with his media radical successful Belgrade saying it truthful acold has nary accusation regarding the nine-time Australian Open winner's plans regarding the January 16-29 tournament.
Australia has had a alteration of authorities and changed its borderline rules this twelvemonth and, since July 6, incoming travellers nary longer person to supply impervious of COVID-19 vaccinations. That removes 1 large obstruction to introduction for Djokovic.
The 35-year-old Serbian star, who has won caller tournaments successful Kazakhstan and Israel, tin present use to caller Immigration Minister Andrew Giles to reconsider his visa status.
Djokovic says helium wants to instrumentality to Melbourne aft being deported
In his favor, Djokovic near Australia rapidly aft his visa was revoked, helium has not publically criticised Australian authorities and volition lone beryllium seeking a impermanent visa.
The archetypal measurement successful the process is to marque an authoritative visa application, starting a two-stage procedure.
As the Department of Home Affairs website explains, applicants successful Djokovic's circumstances indispensable explicate successful penning to Australian Border Force wherefore the exclusion play should beryllium enactment speech — “you indispensable amusement america that determination are compassionate oregon compelling circumstances to enactment speech your re-entry prohibition and assistance you the visa."
The ABF does not remark connected idiosyncratic cases arsenic a substance of policy.
A reappraisal into Djokovic’s visa saga led to Tennis Australia outsourcing visa applications by players and their entourages to a institution specialising successful migration matters.
That company, Absolute Immigration, has been asked for remark connected Djokovic's presumption but did not instantly respond.
At the 2023 Australian Open motorboat astatine Melbourne Park this week, tourney manager Craig Tiley said Tennis Australia wants to invited Djokovic backmost but can't springiness him immoderate authoritative enactment with lobbying to the Australian government.
Aus Open boss explains Novak situation
“It is not a substance we tin lobby on. It is simply a substance that decidedly stays betwixt the 2 of them,” Tiley said, referring to Djokovic and the Australian government.
Tiley was heavy criticised for his relation successful the disorder which led to Djokovic being detained successful an migration hotel.
After gathering up with him successful London past month, Tiley said helium believes Djokovic holds nary bitterness astir the saga.
“He said that helium would evidently emotion to travel backmost to Australia but helium knows it’s going to beryllium an eventual determination for the national authorities and helium accepts that,” Tiley, who is besides the Tennis Australia main executive, said. “If you notice, helium is playing a batch of tennis astatine the extremity of the twelvemonth successful anticipation and anticipation determination is simply a palmy result with his application. But that is up to him.”
If Djokovic goes that route, the Malaysian-born Tsai said his decade-long acquisition of dealing with Australian migration laws made him deliberation it would apt effect successful a determination successful Djokovic’s favor.
“Bottom enactment is that it’s successful Australia’s champion involvement to assistance the prohibition and person Djokovic return,” Tsai said.
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