Judges say Novak Djokovic's deportation was due to the Minister's inference of the situation, claim that there is "no evidence" that he urged anyone "not to be vaccinated"
Judges of the Federal Court confirmed on Thursday that there was "no evidence" against Novak Djokovic that he had "urged people not to be vaccinated." However, the court upheld the visa cancelation order because Immigration Minister Alex Hawke argued that the Serb's presence may be "a risk to the Australian community."
“It was plainly open to the Minister to infer that Mr. Djokovic had chosen not to be vaccinated because he was opposed to vaccination or did not wish to be vaccinated... There was no evidence, it was submitted, that he had urged people not to be vaccinated. Nor was there any evidence that in the past his circumstances had fostered such a sentiment in other countries," said the court's ruling.
Novak Djokovic was deported from Australia on Sunday after losing his visa battle in court. However, a detailed judgment of the court arrived on Thursday. His visa was revoked for the second time last week by Alex Hawke after exercising his special powers.
In the verdict, the judges stated that it was open to Hawke to infer how people would view the Serbian's "attitude" towards vaccination, especially after how the media "portrayed" the World No. 1 player and his views on inoculation.
“It was also open to the Minister to infer that the public would view his attitude as the media had portrayed: that he was unwilling to be vaccinated," mentioned the judges.
They further stated that despite Djokovic's arguments, which claimed that the minister had no evidence of the Serb fostering an "anti-vax sentiment" in Australia, it was at least "perceived" by the public that the 20-time Grand Slam champion chose not to get vaccinated. Thus, there could be perceptions among the masses that he "was not in favor of vaccinations."
“However, it was open to infer that it was perceived by the public that Mr Djokovic was not in favour of vaccinations. It was known or at least perceived by the public that he had chosen not to be vaccinated," added the judge.
Novak Djokovic will not be able to feature at the French Open if he chooses to remain unvaccinated
It recently became unambiguous that Novak Djokovic is unvaccinated and only traveled to Melbourne on a medical exemption. Because of his vaccination status, his trouble might increase as the French Sports Ministry has also issued guidelines after a new vaccine law, only allowing completely vaccinated players to play at the French Open.
If the tennis ace chooses to remain unvaccinated, there is a high possibility that he might not be able to defend his Roland Garros title as well.
"This will apply to everyone who is a spectator or a professional sportsperson. And this until further notice. As far as Roland Garros is concerned, it's in May. The situation may change between now and then and we hope it'll be more favourable. So we'll see but clearly there's no exemption," said the Ministry in the statement.
As of now, Novak Djokovic is in Serbia and his return date to the ATP tour is uncertain.
Also Read: "He's got a big decision to make, to play at the moment, he's going to have to get vaccinated"- Mark Petchey on Novak Djokovic