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Australian govt lawyers say Novax Djokovic is a high risk for spreading the covid and he's not sick and they can rip up his visa again
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Original Message
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so he's sick, he's not sick, if the judge lets him go they can just grab him again and rip up his visa again. wow it sure is complicated when the lawyers get involved.
Lawyers for the Minister of Home Affairs filed their submissions at 10.30pm on Sunday - less than 12 hours before the case will be heard in the Federal Court.
The government maintains the decision to tear up Djokovic's visa was correct on the basis he failed to justify his purported medical exemption, and that his team was using outdated vaccination advice.
Even if Djokovic is successful in his visa battle, lawyers for the government say they could cancel his visa again, leaving him in perpetual limbo just a week before the Open begins.
Their submission claims Djokovic is of a 'greater health risk' of spreading the virus than an vaccinated person, and that infecting others would 'burden the health system'.
'An order for immediate release does not prevent re-detention if there is power to detain', the submission read, raising questions about whether any outcome on Monday would see the tennis great released in time to play even if the court ruled in his favour.
ATAGI website guidelines which Djokovic and his team based their understanding of his 'medical exemption' on, state 'PCR-confirmed SARS-CoV-2 infection,' is a valid reason for a temporary medical exemption.
But the government argued on Sunday night this document is designed to be read in conjunction with a visa application form which clearly stipulates that this isn't the case.
The response also states that regardless, the ATAGI guidelines are designed for people with 'acute medical illness', whereas Djokovic simply proved he was diagnosed with Covid, not necessarily how it impacted his health.
[link to www.dailymail.co.uk (secure)]
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