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Double-fault: Visa revoked again, Djokovic faces deportation

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MELBOURNE, Australia (AP) — Novak Djokovic faces deportation again after the Australian government revoked his visa for a second time, the latest twist in the ongoing saga over whether the No. 1-ranked tennis player will be allowed to compete in the Australian Open despite being unvaccinated for COVID-19.

Immigration Minister Alex Hawke said Friday he used his ministerial discretion to cancel the 34-year-old Serb’s visa on public interest grounds — just three days before play begins at the Australian Open, where Djokovic has won a record nine of his 20 Grand Slam titles.

Djokovic’s lawyers were expected to appeal at the Federal Circuit and Family Court, which they already successfully did last week on procedural grounds after his visa was first canceled when he landed at a Melbourne airport.

A hearing was scheduled for Friday night.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

Hawke said he canceled the visa on “health and good order grounds, on the basis that it was in the public interest to do so.” His statement added that Prime Minister Scott Morrison’s government “is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”

Morrison himself welcomed Djokovic’s pending deportation. The whole episode has touched a nerve in Australia, and particularly in Victoria state, where locals went through hundreds of days of lockdowns during the worst of the pandemic and there is a vaccination rate among adults of more than 90%.

Australia is currently facing a massive surge in virus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren’t getting as sick as they did in previous outbreaks, the surge is still putting severe strain on the health system, with more than 4,400 people hospitalized. It’s also causing disruptions to workplaces and supply chains.

“This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. … Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected,” Morrison said in a statement. “This is what the Minister is doing in taking this action today.”

Everyone at the Australian Open — including players, their support teams and spectators — is required to be vaccinated for the illness caused by the coronavirus. Djokovic is not inoculated and had sought a medical exemption on the grounds that he had COVID-19 in December.

That exemption was approved by the Victoria state government and Tennis Australia, apparently allowing him to obtain a visa to travel. But the Australian Border Force rejected the exemption and canceled his visa when he landed in Melbourne on Jan. 5.

Djokovic spent four nights in an immigration detention hotel before a judge on Monday overturned that decision. That ruling allowed Djokovic to move freely around Australia and he has been practicing at Melbourne Park daily to prepare to play in a tournament he has won each of the past three years.

He had a practice session originally scheduled for mid-afternoon Friday at Rod Laver Arena, the tournament’s main stadium, but pushed that to the morning and was finished several hours before Hawke’s decision was announced in the early evening.

After the visa cancellation from Hawke, media started gathering outside the building where Djokovic reportedly was meeting with his lawyers.

An Australian Open spokeswoman said tournament organizers did not have any immediate comment on the latest development in Djokovic’s situation, which has overshadowed all other story lines heading into the year’s first Grand Slam event.

“It’s not a good situation for anyone,” said Andy Murray, a three-time Grand Slam champion and five-time runner-up at the Australian Open. “Just want it obviously to get resolved. I think it would be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now — not great for the tennis, not great for the Australian Open, not great for Novak.”

Tennis Australia announced that nine players would hold pre-tournament news conferences Saturday, and Djokovic’s name was not on the list.

With his legal situation still in limbo, Djokovic was placed in the tournament bracket in Thursday’s draw, slated to face Miomir Kecmanovic in an all-Serbian matchup in the first round.

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Rublev would move into Djokovic’s spot in the bracket and face Kecmanovic.

If Djokovic withdraws from the tournament after Monday’s schedule is released, he would be replaced in the field by what’s known as a “lucky loser” — a player who loses in the qualifying tournament but gets into the main draw because of another player’s exit before competition has started.

And if Djokovic plays in a match — or more — and then is told he can no longer participate in the tournament, his next opponent would simply advance to the following round and there would be no replacement.

Melbourne-based immigration lawyer Kian Bone said Djokovic’s lawyers face an “extremely difficult” task to get court orders over the weekend to allow their client to play next week.

Speaking hours before Hawke’s decision was announced, Bone said: “If you left it any later than he has done now, I think from a strategic standpoint, he’s really hamstringing Djokovic’s legal team, in terms of what sort of options or remedies he could obtain.”

Djokovic’s lawyers would need to go before a duty judge of the Federal Circuit and Family Court, or a higher judge of the Federal Court, to get two urgent orders. One order would be an injunction preventing his deportation, such as what he won in court last week.

The second would force Hawke to grant Djokovic a visa to play.

“That second order is almost not precedented,” Bone said. “Very rarely do the courts order a member of the executive government to grant a visa.”

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Fired Former Miami Police Chief Art Acevedo Files Lawsuit Against City, Commissioners, City Manager

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MIAMI (CBSMiami) – Three months after he was fired, former Miami Police Chief Art Acevedo is taking legal action against the City of Miami.

On Wednesday, Acevedo filed a 50-page lawsuit claiming the city manager and three commissioners violated his First Amendment rights.

READ MORE: London-Bound American Airlines Flight Returned To MIA After Passenger Refused To Wear A Mask

Acevedo claims they illegally retaliated against him for blowing the whistle on, what he describes as, a toxic stew of corruption and wrongdoing at city hall.

That includes City Manager Art Noriega and Commissioners Joe Carollo, Alex Díaz de la Portilla, and Manolo Reyes.

The complaint details several examples of alleged illegal and unethical activity by commissioners, saying they attempted to “weaponize” Miami police officers against their enemies.

WATCH: Deborah Souverains Report On Art Acevedo’s Lawsuit

Acevedo said his firing after only being on the job six months was retribution for trying to maintain his independence as police chief.

It claims those commissioners “targeted Chief Acevedo because of his resistance to their efforts to use the MPD to carry out their personal agendas and vendettas, his reform efforts, and his speaking out against corruption and abuse of power by the City of Miami Commission.”

The new lawsuit alleges Commissioner Carollo demanded Acevedo investigate multiple businesses of his political opponent on allegations Acevedo says were unfounded

It also claims the commissioners interfered in an investigation into a Miami Sergeant-at-Arms, accused of a security breach.

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The lawsuit further says commissioners pushed back against Acevedo’s efforts to combat excessive use of force and their alleged cover-ups.

The suit cites a specific instance where “a woman in police custody spit on an officer, the officer punched her in the face and drove her to the ground, causing her to lose consciousness.”

Back in September and October, Acevedo was the subject of criticism in a series of fiery commission meetings.  The concerns raised included a comment Acevedo made about the department being run by the “Cuban mafia,” his demoting of several police officers, and a Fraternal Order of Police survey which found 79% of those polled did not have confidence in Acevedo’s ability to run the department.

Commissioner Carollo even went so far as to criticize the size of Acevedo’s pants when he performed as Elvis for a charity fundraiser and made comments about if he was “wearing a jockstrap.”

Noriega released the following statement in response to the lawsuit:

“This was expected and I look forward to the opportunity to discredit these false claims made by the former Police Chief. It’s clearly an attempt to retaliate against the individuals that held him accountable for his own shortcomings as Miami Police Chief and to attempt to salvage his professional reputation by casting blame on others. I will leave it to our Law Department to address the complaint directly through the proper legal channels.”

Commissioner Manolo Reyes also issued a statement:

“It is extremely unfortunate that Mr. Acevedo has chosen to sue the city of Miami and its elected officials for his own shortcomings as a police chief. We look forward to handling this matter in court. More so, at no time did I give Mr. Acevedo a list of restaurants and bars to investigate. Nor did I give him any directive regarding an internal affairs investigation.

We will all have our day in court.”

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Commissioner Carollo could not be reached for comment.

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London-Bound American Airlines Flight Returned To MIA After Passenger Refused To Wear A Mask

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MIAMI (CBSMiami) – An American Airlines London bound flight from Miami was forced to turn around Wednesday night after a passenger refused to wear a mask.

Flight 38 was about an hour and a half into its flight to Heathrow Airport when it circled back and returned to Miami International Airport.

READ MORE: Fired Former Miami Police Chief Art Acevedo Files Lawsuit Against City, Commissioners, City Manager

Police dispatch called for officers to meet the plane at Gate D14 because at least one passenger was not respecting the mask mandate. Once it landed, more than 100 passengers were informed they had to get off the plane.

Many on the plane had no idea why it returned to Miami.

“Disappointed. They wouldn’t really say anything and I don’t think they told the flight attendants anything because all they would say is there was an extreme incident and they had to turn around,” said one passenger.

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“They just told us to get off and the police were there,” said another passenger.

American Airlines issued a statement apologizing for the inconvenience.

“American Airlines flight 38 with service from Miami (MIA) to London (LHR) returned to MIA due to disruptive customer refusing to comply with the federal mask requirement. The flight landed at MIA where local law enforcement met the aircraft. We thank our crew for their professionalism and apologize to our customers for the inconvenience.”

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The flight was canceled as a result of the incident, leaving these flyers to seek alternate arrangements.

CBSMiami.com Team

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COVID-19 Testing Site Finder

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(Getty Images)

Miami-Dade County offers free testing for COVID-19 at drive-thru, walk-in and mobile sites.

CLICK HERE TO FIND A TESTING SITE NEAR YOU IN MIAMI-DADE.

Test site operations have expanded in Broward to meet increased demand.

CLICK HERE TO FIND A TESTING SITE NEAR YOU IN BROWARD.

In Monroe County, positive COVID-19 cases are significantly increasing as well.

CLICK HERE TO FIND A TESTING SITE NEAR YOU IN MONROE.

CBSMiami.com Team

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