The Lockdown Thread

[Immortality]

Care for a quick summary for those of us not interested in reading the whole decision?

 

[VS 5.0]

Care for a quick summary for those of us not interested in reading the whole decision?

Summary from another source who has had the time to read it:

The power to cancel the visa is conditioned upon the minister being “satisfied of certain matters”, the court said.

“Those matters are, relevantly for present purposes, that the presence of the visa holder in Australia is or may be, or might be, a risk to the health, safety or good order of the Australian community or a segment of it.

“Thus it is not the fact of Mr Djokovic being a risk to the health, safety or good order of the Australian community; rather it is whether the Minister was satisfied that his presence is or may be or would or might be such a risk for the purposes of [the relevant provisions of the Migration Act].”

“We reject the proposition that it was not open to the Minister to find or conclude that Mr Djokovic had a stance that was well-known on vaccination and that he was opposed to it.”

“Further, there was no issue ... that Mr Djokovic was not, by January 2022, vaccinated. It was plainly open to the Minister to infer that Mr Djokovic had for over a year chosen not to be vaccinated since vaccines became available,”

“That he had a reason not to have a vaccination at the time of the decision in January 2022, apparently having contracted COVID-19 on or about 16 December 2021, did not say anything as to the position for the many months from the availability of vaccines to December 2021."

“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.”

“Mr Djokovic had not volunteered any information when interviewed at the airport by officers of the Department of Home Affairs. He did not give evidence of any apparent change of attitude."

“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.”

“it was not irrational for the Minister to be concerned that the asserted support of some anti-vaccination groups for Mr Djokovic’s apparent position on vaccination may encourage rallies and protests that may lead to heightened community transmission”.

“The power to cancel relied upon by the Minister in this case arose once he was ‘satisfied’ that ‘the presence of [the visa] holder in Australia … may be … a risk to … the health, safety or good order of the Australian community’.

“No statutory obligation arose to consider what risks may arise if the holder were removed from, or not present in, Australia.”

In the court’s final remarks it said that Parliament made clear in the Migration Act that the Minister may cancel a visa if he or she is satisfied that the presence of its holder in Australia may be a risk to the health or good order of the Australian community.

“The Minister reached that state of satisfaction on grounds that cannot be said to be irrational or illogical or not based on relevant material,”

“Another person in the position of the Minister may have not cancelled Mr Djokovic’s visa. The Minister did. The complaints made in the proceeding do not found a conclusion that the satisfaction of the relevant factors and the exercise of discretion were reached and made unlawfully.“

End summary....


That Novax's legal team focussed on the Minister being irrational or illogical itself proved to be irrational and illogical.

 

[keith reed]

I have just read through the case and are not surprised by anything that I read. A condensed version will possibly be provided and this will be helpful. My question is what does the future hold for Djokovic. Is it the end of the road for his career? The French apparently will insist on players being vacinated to play in the French open. The US open will likely be the same.

I hold little sympathy for him and think he is the author of his own misfortunes. Even though he is on equal wins with Federer and Nadal he cannot be considered to be in their league sportsperson wise.

 

[hademall]

I think he's asked a valid question and it deserves a proper answer.

So do I, but is this the forum he should be receiving it from?

 

[Immortality]

So do I, but is this the forum he should be receiving it from?

If you want a qualified medical opinion a car forum is NOT the place to get it period.

 

[VS 5.0]

I have just read through the case and are not surprised by anything that I read. A condensed version will possibly be provided and this will be helpful. My question is what does the future hold for Djokovic. Is it the end of the road for his career? The French apparently will insist on players being vacinated to play in the French open. The US open will likely be the same.

I hold little sympathy for him and think he is the author of his own misfortunes. Even though he is on equal wins with Federer and Nadal he cannot be considered to be in their league sportsperson wise.

Given he has been deported, will he even be allowed into the US, vaxed or not ?

 

[Immortality]

Yup, I think he's shot himself in for 2022 and possibly longer in places like the US.

 

[hademall]

Yes there is but it's not ever lasting. When you get an infection your immune system produces anti-bodies. When the good fight is fought (and you survived to tell the tail) those anti-bodies remain in your system. If you have had a previous infection testing for anti-bodies is how you confirm that infection.

I’ve survived the flu before. As I’ve mentioned previously, some twenty five years ago I was laid up in bed for a week and could hardly get up for a pee. I’ve not had the flu since and believe that my immune system was built up as a result of getting that flu. I sometimes think we are wrapping ourselves up in the proverbial cotton wool to the extent that our immune systems become p@#s weak.

 

[Immortality]

In one of the articles I linked above it talks about how your immune systems has a memory but seeing as covid19 is a novel virus us humans have not seen before 2019 we have no learned immunity and as shown there are lots of cases of people getting it multiple times so you can make of that as you wish.

Eventually we will all get it, how well the vaccines work etc the history books will no doubt record in the next few years. Lets just be happy that unlike the Spanish flu from 1918 where it took a couple of decades to actually create a vaccine and resulted in some 50 million deaths we will get past this a lot quicker and many less dead.

Clearly we have a lot to learn still and in the next few years I want to see China held to account for what has happened around the world because the world is going to suffer for years to come because of their inaction. First all the deaths/ilness and now the economic hit that we all face in the forms of shortages and rising inflation as a direct result of the spread of covid around the world.

 

[keith reed]

I’ve survived the flu before. As I’ve mentioned previously, some twenty five years ago I was laid up in bed for a week and could hardly get up for a pee. I’ve not had the flu since and believe that my immune system was built up as a result of getting that flu. I sometimes think we are wrapping ourselves up in the proverbial cotton wool to the extent that our immune systems become p@#s weak.

I used to get the flu every year until I gave up smoking. That was over thirty years ago. I haven't had the flu since. I don't have injections for the flu but I am treble injected for Covid. If another booster is required I will get that as well.