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The Guardian - AU
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Nino Bucci (now) and Christopher Knaus (earlier)

World No 1 issues statement saying he ‘respects’ court ruling – as it happened

Members of the media wait outside the car park of the legal team of Serbian tennis player Novak Djokovic on Sunday in Melbourne
Members of the media wait outside the car park of the legal team of Serbian tennis player Novak Djokovic on Sunday in Melbourne. Photograph: Diego Fedele/Getty Images

That's it for today, thanks for reading

You can continue to follow global Covid news here:

Here’s the main stories in Australia today:

Updated

(Sorry, I know I said that was it for Djokovic news.)

Updated

Morrison speaks on Djokovic decision

The prime minister Scott Morrison has just released a statement on the Djokovic decision:

The Full Federal Court of Australia unanimously decided to dismiss Mr Novak Djokovic’s application for judicial review which sought to challenge the Minister for Immigration’s decision to cancel his visa.

This cancellation decision was made on health, safety and good order grounds, on the basis that it was in the public interest to do so. I welcome the decision to keep our borders strong and keep Australians safe.

As I said on Friday, Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.

Over the pandemic, together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates, in the world. Strong borders are fundamental to the Australian way of life as is the rule of law.

Our Government has always understood this and has been prepared to take the decisions and actions necessary to protect the integrity of our borders.

I thank the Court for their prompt attention to these issues and the patience of all involved as we have worked to resolve this issue. It’s now time to get on with the Australian Open and get back to enjoying tennis over the summer.

That's it for Djokovic news for the moment

Novak Djokovic has lost his appeal against his visa cancellation, and is set to be deported from Australia. He has said in a statement that he respects the federal court’s decision and will cooperate with authorities working on his deportation.

Our story on the saga is here:

Hawke comments on Djokovic decision

The immigration minister Alex Hawke has just released the following statement:

I welcome today’s unanimous decision by the Full Federal Court of Australia, upholding my decision to exercise my power under the Migration Act to cancel Mr Novak Djokovic’s visa in the public interest.

Australia’s strong border protection policies have kept us safe during the pandemic, resulting in one of the lowest death rates, strongest economic recoveries, and highest vaccination rates in the world. Strong border protection policies are also fundamental to safe-guarding Australia’s social cohesion which continues to strengthen despite the pandemic.

Australians have made great sacrifices to get to this point and the Morrison Government is firmly committed to protecting this position, as the Australian people expect.

To date around 43 million vaccination doses have been administered in Australia and more than 91.6% of Australians aged 16 years and over are fully vaccinated.

Accordingly, Australia has been able to commence a step-by-step, safe reopening of its international border as a result of this successful vaccination program.

There’s not been an update to the Australian Open schedule of play for tomorrow reflecting that the number one seed is probably going to be on a plane back to Serbia, but this is a good suggestion:

A good point (ahem), well made.

Alize Cornet, France’s top ranked female tennis player, has had this to say:

Some more reaction urging perspective on the broader issue of how Australia’s immigration system works.

Djokovic 'respects' court ruling, will leave Australia

Here is Novak Djokovic’s full statement, just released:

I would like to make a brief statement to address the outcomes of today’s Court hearing. I will now be taking some time to rest and to recuperate, before making any further comments beyond this.

I am extremely disappointed with the Court ruling to dismiss my application for judicial review of the Minister’s decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.

I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country.

I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.

Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me.

Updated

Djokovic says he respects the court’s ruling and “will cooperate with the relevant authorities in relation to my departure from the country”.

He adds:

I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.

Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me.

Updated

Full statement from Djokovic

Djokovic speaks

A very brief statement, which says he is extremely disappointed, but will take time to rest and recuperate before commenting further:

And this reaction from Liberty Victoria:

The decision by the Hon Alex Hawke MP, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, to cancel Mr Novak Djokovic’s visa and to deport him has drawn attention to Australia’s dysfunctional visa cancellation and detention regimes and to the troubling use of the Minister’s God-like personal powers.

Liberty Victoria has repeatedly warned about the dangers of such powers.

Australian tennis player Nick Kyrgios has reacted to the decision in a somewhat atypically understated way:

That’s all folks.

Court confirms there will be no further orders

The case had been adjourned by 30 minutes in case either side had sought them, but that’s it from the full court of the federal court.

Here’s what the former Liberal and now independent MP Craig Kelly reckons. A reminder that immigration minister Alex Hawke said Djokovic was “perceived by some” as a “talisman” of anti-vax sentiment:

Labor says Scott Morrison is an international laughing stock because of how the government has handled Djokovic’s visa.

Kristina Keneally, the shadow minister for immigration, said in a statement:

Scott Morrison has made himself a laughing stock on the world stage through a litany of failures as he and his Government mishandled Novak Djokovic’s case, undermined Australia’s border security settings, and provided a lightning rod for the anti-vaccination movement.

The Morrison Government’s own argument before the court was that Mr Djokovic’s visa should be cancelled because his presence here may foster anti-vaccination sentiment based on what he did and said before he was granted a visa.

This must prompt the question, why did Mr Morrison’s Government grant him a visa to come to Australia in the first place?

This mess is not a failure of our laws. It is a failure of the Morrison Government’s competence and leadership.

Australians have made all the hard sacrifices during lock downs, only for Mr Morrison and his Government to serve up an embarrassing and farcical series of unforced errors after they foolishly granted Mr Djokovic a visa 60 days ago.

Here’s who is possibly replacing Djokovic in the Australian Open.

This is what it hinged on, in a nutshell:

Djokovic to be deported

Novak Djokovic will be deported from Australia ahead of the Australian Open after the full federal court dismissed the world No 1’s bid to restore his visa.

On Sunday the court upheld the decision of Australian immigration minister, Alex Hawke, to cancel the visa on the basis Djokovic’s presence in Australia might risk “civil unrest” as he is a “talisman of anti-vaccination sentiment”.

The chief justice, James Allsop, announced the court unanimously dismissed Djokovic’s application, with costs, but explained the decision of the court did not reflect on “ the merits or wisdom of the decision”. Full reasons will follow at a later date.

The full story is here:

Updated

It is a huge blow for Djokovic: the court’s decision was unanimous, and he is ordered to pay the costs of the appeal.

But to make it clear: this decision means that Djokovic’s visa has been cancelled and he is to be deported. He faces a three-year ban from returning, except in certain circumstances, that can include “compelling circumstances that affect the interests of Australia”.

Updated

There is now an adjournment of 30 minutes while Djokovic’s team and lawyers for the minister discuss whether they will apply for any further orders.

Updated

Application dismissed

Chief justice James Allsop has announced the full federal court’s decision unanimously to dismiss Novak Djokovic’s application seeking reinstatement of his visa.

Reiterating that this decision to dismiss Djokovic’s appeal was unanimous.

Djokovic has appeal dismissed

Djokovic has application dismissed, with costs. Orders to be published at later date.

Updated

Allsop says the court considers it appropriate to make clear a number of matters about the process that has taken place, given the international interest.

The orders are unanimous, he says.

Chief justice James Allsop on behalf of the full court of the federal court of Australia is up. He is explaining the change to the orders allowing recording of hearing.

Updated

ABC planning to show Djokovic live too, apparently:

The Djokovic decision is expected to be announced in the next five minutes or so. You can watch here, and there are court documents here.

Updated

Queensland quarantine facility set to open within weeks

I have just realised, because of the report below, that the Queensland government has built its regional quarantine facility at a place called Wellcamp. Wishful thinking? This from AAP:

Border restrictions may be easing but the Queensland government is confident its regional quarantine facility can still be used for “an array of options”.

The finishing touches are being put on the centre at Wellcamp, west of Brisbane, which is set to open in the “coming weeks”.

The 500-bed opening stage is almost complete with the administration and reception set to be finished while the rest of the 1000-bed centre is expected to be unveiled by April.

The federal government is building another 1000-bed quarantine camp in Pinkenba, near Brisbane airport, like similar centres in Melbourne and Perth.

However, the Queensland Opposition has questioned the value of the Wellcamp facility outside Toowoomba with quarantine requirements easing.

Domestic travellers have been able to enter from 1am on Saturday without showing proof of a negative COVID-19 test.

Fully jabbed international arrivals won’t need to quarantine once the state hits 90 per cent vaccination rate, a target set to be reached in coming days.

But Deputy Premier Steven Miles said there would still be a need for the quarantine facility.

“Clearly over time the usage of a facility like that is going to change as we have met our vaccination targets,” he said.

“But there will continue to be a need for quarantine for some arrivals as well as other cohorts.

“Throughout the last two years there have been a wide variety of times where we have needed suitable, appropriate, custom-built accommodation.

“I wish we didn’t need it but I expect that we will. We are just working through which cohorts would be best to utilise that facility.”

Chief health officer John Gerrard said the Wellcamp facility was as important as ever.

“There are quite an array of options that facility will enable us to do,” he said.

Updated

Djokovic decision announced at 5.45pm

An email has just been sent by the federal court, confirming the time, that reasons will come later, and also that the broadcast of the decision can be carried live by media outlets and recorded.

Updated

BoM report a mass rescue at NSW beach caused by tsunami impact

The BoM say there’s been reports of a “mass rescue” caused by the impacts of a Tonga tsunami at a NSW beach.

The bureau updated its tsunami warning at 4.57pm, and it remains current for the coasts of NSW, Lord Howe Island, and Norfolk Island. All beaches are closed.

But there’s been a couple of interesting additions: reports of two new “tsunami impacts in NSW” recorded today.

The BoM write that there were reports of a “mass rescue due to the sudden drop in tide” at Sawtell, near Coffs Harbour, at 3.53pm AEDT, and of dangerous tidal movements at Gunnamatta Bay and Maroubra between 2.30pm and 3.30pm AEDT.

Here’s a full story on health minister Greg Hunt’s comments from earlier today that Omicron cases may have peaked in NSW and the ACT:

Widely mocked plans to establish a tropical haven for cryptocurrency enthusiasts have run into trouble after a contract to buy an island in Fiji for US$12m fell through, Ben Butler reports.

Here is the latest on how the tsunami situation is playing out in Tonga:

All the Australian warnings from the Bureau of Meteorology re the Tonga tsunami, which as of 3.54pm remain current for all the NSW coast, Lord Howe Island, and Norfolk Island, can be found here.

Interesting timelapse from earlier today showing how the tsunami impacted some parts of NSW:

Just one final bit on the Queensland situation (I cut back the AAP report a little). The CHO, Dr John Gerrard, said people in Queensland have been calling triple zero asking where to get a rapid antigen test. Via AAP:

While confident the state’s hospitals could cope, Dr Gerrard has urged Queenslanders with mild COVID-19 symptoms not to dial triple zero, in order to ease pressure on the ambulance service. He said:

We have had a lot of calls...for very minor aspects...people even calling the ambulance centres asking where to get a RAT test.

He said emergency calls should only be made if people had difficulty breathing, significant chest pain or were coughing up blood.

Here’s the rundown of the Covid situation in Queensland, via AAP:

Three people have died from COVID-19 in Queensland, with the state recording another 17,455 new cases as the number of people in hospital continues to “creep up”.

But chief health officer John Gerrard is confident the state’s health care system can handle the rising case numbers despite conceding some south-east Queensland hospitals are “under pressure”.

Queensland’s COVID-19 death toll has reached 29 after a person in their 60s, another in their 80s and a 103-year-old became the latest fatalities.

Two had a single dose and the other was double jabbed but all had underlying medical conditions.

The new cases recorded included results from 4,615 rapid antigen tests, with a total of 42,420 tests in a 24 hour period.

There are 203,657 active cases in Queensland.

Dr Gerrard said there are 670 people in hospital across the state - up from 649 on Saturday - with 49 in intensive care, an increase of three in the past 24 hours.

Sixteen people are on ventilators.

“This (state’s hospital numbers) continues to creep up from yesterday,” Dr Gerrard said.

He said he felt for south-east Queensland hospitals dealing with case surges and staff shortages with the majority of the state’s ICU patients - “about 20-odd” - on the Gold Coast.

Overall 2,643 Queensland health staff have COVID-19 with 2,835 in quarantine.

“The biggest pressure at the moment is at the Gold Coast and the south Brisbane hospitals,” Dr Gerrard said.

“There is no doubt they are under pressure and my thoughts are with the staff at those hospitals looking after significant numbers of patients.

“(But) we have the capacity for looking after patients in the thousands. Our modelling suggests with assistance of private hospitals we will be able to absorb the load.”

Australian Open organisers have scheduled Novak Djokovic to play his first round match after Ash Barty’s on Rod Laver Arena tomorrow night.

Man shot after allegedly firing gun at Tasmania police

There has been a gun fight between police and a man in Tasmania, AAP report:

Police have shot a gunman in the shoulder after he allegedly fired at officers with a shotgun in Tasmania’s northwest.

Officers were called to a property in Shorewell Park, near Burnie, about 8:30am on Sunday after reports an armed man was acting aggressively, making threats and firing a weapon.

Police said they tried to negotiate with the 25-year-old, urging him to disarm himself.

He allegedly fired at police before being shot in the shoulder by officers.

He was taken into custody at the scene, given first aid and taken to hospital.

Western District Commander Debbie Williams said the man is in a stable condition and is expected to undergo surgery on Sunday afternoon.

“We would like to thank the local community for their assistance as we carry out our investigations,” she said.

“We appreciate their patience and understanding.”

The Tasmania police professional standards unit has been advised and will investigate the incident.

Anyone with information has been asked to come forward.

Updated

Not sure what Tennis Australia will do here in relation to the No 1 seed, who is due to play his first-round match tomorrow ...

Updated

Thanks Christopher for your efforts on the keys. Although you have just jinxed us to not hearing about Djokovic until Monday.

Right, that’s me done for the day. Not quite the slow news Sunday I’d been hoping for, but there you are.

I’m going to hand over to my colleague Nino Bucci. He’ll keep you across any developments in the Djokovic case. Hopefully a decision is not too far away.

Updated

My colleague Paul Karp has just published an updated report on today’s proceedings in the federal court. Well worth a read.

Shadow health minister Mark Butler spoke to reporters a little earlier. He was asked about the Djokovic saga.

He said:

This has been an embarrassing soap opera of Scott Morrison’s making. If Mr Djoković did not satisfy the entry test to come into Australia, he should not have been granted a visa way back in November.

Frankly, at a time when we are dealing with tens of thousands of cases every day, dozens of deaths, we don’t need a government spending time, energy and money dealing with this soap opera day, upon day, upon day. I think Australians want this soap opera brought to an end one way or the other and for the government to get on with its job of protecting Australians in this disastrous fourth wave.

The reports emerging out of Tonga, while patchy due to internet outages, do not sound good. My colleague Joshua Mcdonald has filed this report:

Tsunami waves caused by an undersea volcano have flooded the Pacific Island country of Tonga, where entire towns have been inundated with water and scientists warn the main island could be blanketed in volcanic ash.

Videos shared on social media after the eruption showed people running for higher ground as the one metre high floods hit coastal areas and made their way farther inland while the sky darkened with ash.

A video shot from the roof of a building on the coast showed large waves breaching the coastal wall seconds apart, while a video shot from the New Zealand high commission in Nuku’alofa, where people ran for shelter, showed the downtown area of Patangata had been completely submerged, including the Royal Palace and Tonga’s largest bank.

Another video, shot inside a church, showed children crying out as water surrounded the building and waves begin lapping up against the windows. In a video posted to YouTube after the eruption, Abraham Leilua begins by telling his followers that “it’s not that bad” but within minutes, as the water rises, saying: “I have to run for my life” before ending the video.

Signs Omicron peaking NSW and ACT: Hunt

Health minister Greg Hunt says there are clear signs that the spread of the Omicron variant of the coronavirus is peaking, according to AAP. He told reporters earlier today:

There are signs that NSW in particular and the ACT maybe peaking.

I won’t call it as having reached it yet, but in particular what we’ve seen, is that all of these jurisdictions have so far significantly undershot the hospitalisation, ICU and ventilation predictions that were made at the outset.

Government says Djokovic 'icon' of anti-vax movement, tennis star accuses government of 'irrational' error

So, as we await the decision, it’s worth recapping what we’ve just heard.

  • Djokovic’s lawyers accused the government of making an irrational and erroneous decision to cancel his visa on public order grounds. The government’s decision was based on the risk that his continued presence would excite anti-vaccination sentiment. But Djokovic argued the government failed comprehensively to consider the “counter-factual” to that, namely, what would be the effect on anti-vaccination sentiment of deporting Djokovic? They said this error was “perverse” and “irrational”, given the government had singled out the potential of fostering anti-vaccination sentiment as its chief concern about Djokovic’s presence in the country.
  • In response, lawyers for immigration minister Alex Hawke said he clearly did consider the impact of deporting Djokovic on anti-vaccination sentiment, but decided his continued presence in the country was too risky, particularly because the current debate had highlighted his anti-vaccination views and made him an “icon” to anti-vaccination groups. They also argued Australia must not “be bound to suffer” a person’s presence due to fear of what would happen if they were removed.
  • Djokovic’s lawyers accused the government of making “elementary” mistakes in its reliance on news articles to link Djokovic with anti-vaccination groups in Australia, despite those news articles making no such connections themselves. The government also took a BBC report about Djokovic’s anti-vaccination views, used as evidence of his opposition to the Covid vaccination, out of context, Djokovic argued.
  • Djokovic also accused the government of failing to ask him what his current views on vaccination were. In response, the government said it was unlikely Djokovic would have told them anything new.
  • Djokovic said there was no evidence that he had excited anti-vaccination sentiment in any of the other tennis tournaments he had played in since the vaccine was distributed. His lawyers said the government failed to collect any evidence about this, despite it being easily available.
  • The chief justice, James Allsop, intervened to make an observation that was helpful for the immigration minister’s case. Djokovic’s lawyers have been focused on the lack of “evidence” before Alex Hawke of the impact of his presence in Australia. Allsop said the minister was entitled to rely on his common sense.
  • The court is likely to indicate its decision to the parties later today, but will not publish full reasons.
Novak Djokovic leaves a government detention facility before attending a court hearing at his lawyers’ office in Melbourne, Australia, Sunday.
Novak Djokovic leaves a government detention facility before attending a court hearing at his lawyers’ office in Melbourne, Australia, Sunday. Photograph: James Ross/AP

One more point to be made. It is a great step forward for open justice that the federal court has allowed this case to be watched by the public in such a seamless fashion. Most other Australian courts make it prohibitively difficult to watch proceedings remotely.

Updated

Federal court expected to hand down decision this afternoon

The submissions are now done. Chief justice James Allsop says the court will adjourn.

He says the court won’t be able to give full reasons for any decision today. But he says the court hopes to be in a position to indicate what it is proposing to do later this afternoon.

What we would hope to do is to spend the afternoon hopefully, and perhaps the early evening, dealing with the arguments that have been put to the court, not with a view to delivering full reasons today, but with a view if possible as to reach a view as to the outcome of the matter and on one hypothesis, if it be relevant, Mr Lloyd, the individual basis for it.

We would hope to do that later in the afternoon. So in a sense we’re not asking counsel and solicitors to stand down in their present positions as it were. But we would hope to be in a position to indicate to the parties later in the afternoon what we propose to do.

Updated

Nicholas Wood in his reply responded to the minister’s claim that he shouldn’t be “bound” to keep someone in Australia based on the consequences if they were removed.

Wood said, effectively, of course if the minister had been more reasonable he could have removed a troublesome visa-holder.

Stephen Lloyd is not happy. He says that Djokovic’s case in written submissions was that the minister hadn’t considered the effect if Djokovic is deported, but his counsel now seems to be arguing “even if he did consider it he was unreasonable in what he did”. Lloyd says this is a “different ground” that they weren’t warned of.

Wood says no, it’s not a new case, it’s simply restatement that it was not considered and that made the decision unreasonable.

Chief justice James Allsop observes if the court finds the minister did consider it – the first ground would fail.

Wood agrees. Phew, glad we got that straight.

Updated

Wood says they are seeking Djokovic to be released within 30 minutes of a decision being made, if the court does find against the minister.

That concludes the submissions from Stephen Lloyd, representing the minister.

Nicholas Wood, acting for Djokovic, is now replying. He promises to be brief.

Djokovic has become 'icon' for anti-vaccination groups in Australia: government

The chief justice James Allsop, who previously observed that the immigration minister could use his common sense, just made another intervention that indicates how hard it will be for Djokovic to win.

Allsop said:

What’s put against you, Mr Wood is saying where’s the evidence, you have to have the facts? We could’ve had examples in other places in the last year, of people following his lead.

[There are] two categories: one being taken up by those who have strong anti vaccination views, but the second is a much broader concept of an iconic sports star setting an example that is not wished to be followed.

As I understand your submission, the notion you need to lead evidence of what effect he might have in the US or somewhere else is beside point. You can use common sense and human intuition about how people behave. If Mr Djokovic won the Open – there’s an example, embedded in the minister’s reasons, for young and not so young fans of tennis.

Lloyd makes the point that Djokovic, right now, had become an “icon” for anti-vaccination groups in Australia, given the current debate about his presence.

More importantly and more recently, perhaps inevitably because of recent events, the applicant’s views or widely understood views about vaccination have come to the fore, they are right in people’s minds at the moment.

He has now become an icon for the anti-vaccination groups and then what role that will have if somebody of his significance being present in Australia at a time when that is an issue. The minister clearly sees there is a risk... in the same way that Mr Djokovic associates himself with a whole array of products and no doubt, because of his popularity and status, that does well for people who engage him for his endorsements, in the same way rightly or wrongly he is perceived to have engaged with an anti-vaccination view.

A woman walks past an image of Novak Djokovic at Melbourne Park on 16 January 2022.
A woman walks past an image of Novak Djokovic at Melbourne Park on 16 January 2022. Photograph: James D Morgan/Getty Images

Updated

Lloyd has also denied there is any contradiction in immigration minister Alex Hawke, on the one hand, saying Djokovic has well-known anti-vaccination views, while also conceding he did not ask the tennis star what his current views are.

Lloyd accuses Djokovic’s lawyers of misreading that part of the minister’s decision.

It has to be read as a whole. He doesn’t say... that he doesn’t have a view about what Mr Djokovic’s views on vaccinations were, he just says he didn’t ask for an update on what his present view was.

Updated

You may have noticed that the Australian Open is yet to release its schedule for the tournament’s first day, which is ... tomorrow.

Tennis writer Ben Rothenberg says the delay is at odds with prior tournaments.

Updated

Djokovic wouldn't have shared vaccination views, even if asked, government says

Lloyd is hitting back at allegations the government failed to seek Djokovic’s current views on vaccination and relied on outdated comments, taken out of context.

Lloyd says Djokovic wouldn’t have told the minister anyway.

There is no evidence before the court that the applicant could or would have put forward any useful information to the minister, had his views been sought.

Updated

Lloyd has responded to Novak Djokovic’s lawyers asking for evidence about the impact of his alleged anti-vax views by citing low vaccination rates in Serbia.

Lloyd said it would be in Serbia one would expect Djokovic’s stance to have the biggest impact, and on the evidence:

In Djokovic’s home country ... under half the country is fully vaccinated against Covid.

Lloyd said he doesn’t think Alex Hawke needs to prove that impact – but there was evidence in front of him about it.

Updated

Australia must not 'be bound to suffer' person's presence due to fear of their removal

Lloyd is continuing to defend the government’s consideration of the effects of deporting Djokovic. He says there is nothing in the law to suggest, as Djokovic does, that failing to consider a counter-factual makes a minister’s decision “irrational or unreasonable”.

It doesn’t follow from the minister failing to consider a counter-factual, if that’s what the court finds, that he transgressed the bounds of reasonableness.

He also says:

Australia must not be bound to suffer the presence of an alien for fear of what might happen if they were removed.

Lloyd says the minister was aware of the presence of anti-vaccination groups in Australia, the fact they “idolised” Djokovic, would react angrily to his visa cancellation, and that the decision would lead to media coverage.

Updated

We’re back on in the federal court.

The chief justice, James Allsop, has come back and posed a lengthy question about what the minister did and didn’t do to consider the risk posed by deporting Djokovic.

Allsop said:

It might be that you are correct to the effect that much of this can be seen in submissions the existence of other groups that may have an anti vax predisposition or view, the possibility of antagonism about the withdrawal or cancellation of visa.

One can on this hypothesis, one can readily accept your submissions that this kind of problem was in a sense, within the submissions that the minister in a case such of this we would hardly infer that he didn’t read.

That said – what he didn’t do on one view is finely balance the weighing of them. The answer to that may be he didn’t have to. One can see a lack of balancing of one against the other, without denying the notion that he was alive to problems in the future if he did cancel. Then one goes back to the statutory task, what consequence there is if he understood aspects of the future but did not finally weigh the alternative binary detriments.

Stephen Lloyd, replied that the possibility of unrest if Djokovic were deported “must have been part of consideration of balance”.

And here comes Christopher Knaus, fresh from lunch. Happiest of afternoons to you all.

The Victoria and Tasmania tsunami warnings have been cancelled by the bureau of meteorology, but the NSW warning remains. You can find the updates here.

A reminder that we’re expecting the Novak Djokovic federal court hearing to resume at 1.30pm.

But she also confirmed that NZ were yet to have direct contact with the Tongan government, given the tsunami has knocked out the internet...

I guess if you were planning on heading along to the tennis tomorrow this would also be nice to know:

NSW premier says 'it's going to be a difficult three weeks' as state reports 34,660 new cases

There may be light at the end of the tunnel in NSW, report AAP:

While the coming days will be bleak, NSW Premier Dominic Perrottet says it’s reassuring that the state’s exploding COVID-19 caseload is not being matched by major increases in hospital numbers.

“I think what we are seeing today is incredibly encouraging and pleasing but there’s a long way to go,” he told reporters in Sydney on Sunday.

“It’s going to be a difficult three weeks.”

NSW posted 34,660 new cases on Sunday along with a further 20 virus-related deaths, bringing the seven-day fatality total to 141.

While more people are dying than at any time during the pandemic, Mr Perrottet says it appears the crisis is in fact tracking better than expected.

NSW hospitals are now caring for 2650 COVID-19 patients. Of these, 191 are in intensive care beds. At the depths of the Delta outbreak last September, there were 244 virus-infected people in ICUs.

Recent worst-case scenario modelling suggested 6000 people would be hospitalised at the apex of the outbreak, with 10 per cent of those patients in intensive care.

Even the best-case predictions painted a grimmer picture than reality, allowing for almost 3160 people in care.

Mr Perrottet says a full re-assessment of the forecast data will be conducted later in the week.

“We’ve gone through the last two years and we’ll get through Omicron as well,” he said. “We have a highly vaccinated population, we have a less severe disease but one that is more contagious and it is pleasing to see that those numbers aren’t increasing at an exponential rate.”

Mr Perrottet says while the state is 95 per cent vaccinated, around half the patients in intensive care are not. Of the 191, 61 currently require ventilation.

“So the evidence, the facts, are very, very clear,” he said.

“Vaccination helps protect you and your family and your friends and the wider community. So please continue to make that effort.”

Some 93.8 per cent of all NSW adults are now double dosed, while 25.4 per cent have also received a booster, representing about 47 per cent of those eligible. Of children aged 5-11, 11.5 per cent have had a single dose of vaccine.

NSW Premier Dominic Perrottet addresses media at a press conference in Sydney
NSW premier, Dominic Perrottet: ‘Vaccination helps protect you and your family and your friends and the wider community.’ Photograph: Brendon Thorne/AAP

Health Minister Brad Hazzard warned people not to forget the importance of a third jab.
“The booster is showing itself to be one of the vital tools in pushing back against the evil of this virus,” he urged.

“It ... does make a huge difference to both ensuring you can fight back ... and reducing the likelihood you’ll end up in hospital.

“It definitely reduces the likelihood you’ll end up in ICU and reduces the chance of death”.

Mr Perrottet also apologised for ongoing disruptions to food supply networks and delays at PCR testing sites, saying the latter had now begun to “largely resolve and subside”.

Updated

Victoria receives first batch of 3m rapid antigen tests as state records 28,128 new cases

Here’s the full wrap of the Covid situation in Victoria, via AAP:

Victoria has received a “significant” first batch of three million rapid antigen tests, which will soon be handed out to the state’s essential workers, people with pre-existing conditions and community groups.

The state posted 28,128 new COVID-19 infections and another 13 deaths on Sunday, as hospitalisations with the virus continue to climb.

Premier Daniel Andrews announced the state’s “significant first batch” of three million RATs has arrived, from a bulk order of 44 million.

They will be distributed to essential workers in health and aged care, disability and emergency services from Monday.

Victorians with pre-existing conditions, that make them susceptible to severe illness, will also be prioritised for a RAT to ensure they are diagnosed so that care can be quickly provided.

Additionally, 60 community and multi-faith organisations would receive a “modest but important” portion of the free RATs, to be handed out in a culturally appropriate way, Mr Andrews said.

“Three million is a very important start, we are working very hard to make sure that each and every one of the orders that make up the 44 million are honoured,” he told reporters on Sunday.

“That will be three million tests that don’t need to be sourced elsewhere, so that alleviates some pressure.”

Andrews speaking to the media in Melbourne earlier this week.
Andrews speaking to the media in Melbourne earlier this week. Photograph: Luis Ascui/AAP

Authorities handed out more than 400,000 free RATs to people at state testing sites last week.

Deputy Chief Health Officer Ben Cowie said the additional RATs would allow people to begin their isolation periods sooner and ensure they were linked to care faster.

“It is great news that the tide is starting to turn on the supply of rapid antigen tests in Victoria,” he said.

“We are all going to have significantly increased access in the coming days and weeks.”

Meanwhile, Mr Andrews flagged the state government would soon make an announcement on what the return of schools would look like.

“We will have another discussion this coming Thursday, and we look forward to making announcements quite soon,” he said.

“Lots of officials are working really hard on the return to school.”

There are a record 1114 patients in Victorian hospitals with COVID-19, 60 more than the 1054 on Saturday.

The number of people in ICU has grown to 122, with 35 on ventilators, five more than the previous day.

Professor Cowie said hospitalisations were increasing “significantly” every day and health teams were working to build up capacity.

Updated

And the final thing I would point you to today (among all the madness): Maddie Thomas on bush architecture.

Updated

Next on the “stuff you might not have read yet because there’s a lot of news about” list: this story by Ben Smee on the stinker of a summer in Queensland.

Given it’s roughly lunch time, and it has been a bit of a frantic morning, I’m going to point you in the direction of some longer reads published today that are worth your eyeballs. First, this wonderful feature from Mostafa Rachwani:

Updated

Thanks Chris, a solid performance of web logging if ever I’ve seen one.

With that, I’ll hand you over to my colleague Nino Bucci.

The court takes an adjournment until 1.30pm. Lloyd says he has another hour of submissions to make, so the hearing should be concluded by mid-afternoon.

On the same issue (whether the government properly considered the impact of deporting Djokovic), Lloyd points to the unrest that occurred after the first decision to revoke the cancellation of Djokovic’s visa. There were protests in Melbourne directly connected to the issue. The minister was clearly aware of those protests.

So the minister, he says, clearly would have considered that another decision cancel Djokovic’s visa and deport him would create further unrest.

So it’s impossible to imagine that wasn’t within the minister’s understanding.

Supporters of Novak Djokovic hold flags outside the federal court building in Melbourne.
Supporters of Novak Djokovic hold flags outside the federal court building in Melbourne.
 Photograph: Tom Moldoveanu/AP

Updated

In the federal court, Justice Besanko intervened to ask whether it was sufficient that the immigration minister was aware of possible unrest if Djokovic were deported, or whether he had to take that into account in his decision.

For the Australian government, Stephen Lloyd replied:

They have to show he failed to consider the issue. They say there is nothing in the decision about it, so you should infer he didn’t do it.

We say: he doesn’t have to do a comprehensive set of reasons. There’s no obligation of reasons, so you shouldn’t start from the proposition that if not mentioned it wasn’t done.

A whole lot of other things are mentioned which suggests those matters were taken into account in the decision making process. [Alex Hawke] has in mind the broad possibility of unrest, whatever his decision. It becomes impossible to infer that wasn’t part of the balance.

Queensland records 17,445 Covid cases and three deaths

And Queensland has just reported three deaths and 17,445 new Covid cases.

Updated

ACT records 1,316 new Covid cases and two deaths

The Australian Capital Territory has recorded two deaths and 1,316 new Covid cases.

Updated

Stephen Lloyd is flatly denying that the minister failed to consider the consequences of deporting Djokovic. He says it is obvious from the material that he turned his mind to the possibility of unrest, whether Djokovic was present in Australia or deported.

We separately have an argument that [the minister] didn’t need to consider it.

In the federal court, the chief justice James Allsop has just asked the minister to explain the government’s position on the “counter-factual”. Here, the counter-factual means the risks posed by deporting Djokovic, rather than allowing him to remain in Australia.

Interestingly, Allsop says:

One could see a situation in which it was plain to anyone with common sense that cancelling the visa would cause overwhelming public discord and risks of transmission through very large public gatherings. One could see in the sense the counter-factual overwhelming the mere focus only on ... the consequence of presence.

Djokovic’s lawyers have accused the government of failing to consider the risks posed by deportation.

Stephen Lloyd, speaking for the minister, says the minister was “obviously” aware of the risks posed by the deportation of Djokovic, but believed that his presence would “encourage others to emulate his position, and that would put Australians at risk”.

The concern is that he’s a high profile person who is in many respects a role model, certainly for many people, so that his presence in Australia would present more strongly and more currently to Australians his anti-vaccination views.

Lloyd also said “the starting point is that [the minister’s power to cancel the visa] doesn’t call for counterfactual at all” and the decision deals with the “presence of the. person in Australia”.

He said:

The idea of asking for a counterfactual raises the surprising notion that Australia when deciding whether or not to cancel a visa, might have to avoid cancelling a visa of someone who is actually presenting a risk when they are here, that Australia’s sovereignty is held at risk because the cancellation might lead to adverse consequences.

Lloyd submitted the counterfactual wasn’t a “mandatory consideration” - it was relevant, but the minister didn’t have to take it into account.

Updated

Just away from the Djokovic case for a moment, the health minister Greg Hunt has defended the government’s approach to rapid antigen test procurement.

In October, when asked about the availability of rapid antigen tests, Hunt said that the government would “let that market develop”. Fast forward three months and the tests are in short supply, leading the Australian Medical Association to describe the situation as a “market failure”.

The health minister said that around the world the Omicron variant had seen case numbers explode from 500,000 cases a day to more than 4 million cases a day, and supplies were a “global challenge”.

But he said supplies of the 66 approved tests, including home and point of care kits, were now coming into Australia.

What you’re seeing is increasing supply of rapid antigen tests, but right around the world vastly increased demand.

We’ve been in the market since August, and we’ve been able to provide that continuous supply to aged care. The states have recently entered the market and they’ve indicated that there are significant purchases that they’ve made, and we are beginning to see now already more supplies coming into the pharmacies and the supermarkets.

So that’s been a global challenge, but what I’m pleased about is that the Australian market has responded.

Hunt said that the GP package to expand telehealth, announced Sunday morning, did not include the provision of rapid antigen tests because it was focused on personal protective equipment, but the government would allow rapid antigen test diagnoses to qualify for the Covid supplement payment to doctors.

The Royal Australian College of General Practitioners “cautiously welcomed” the GP package, which it said had been announced after its meetings with the minister.

RACGP President Dr Karen Price said:

It’s positive news that the Government is listening to the Royal Australian College of GPs on telehealth and need for more support to manage the increasing number of COVID-19 positive patients in the community.

GPs and patients have embraced telehealth during the pandemic, and it is here to stay. Video and telephone consultations have changed the way we deliver healthcare and I believe many patients will continue to utilise telehealth for years to come post-pandemic as a compliment to face-to-face care.

We have strongly advocated for Medicare rebates to remain for longer telephone consultations and for good reason. Telehealth use in Australia is largely phone-based. Between March 2020 and March 2021, video consultations comprised only 2.4% of telehealth services. Video consultations are not suitable for many patients including older people unaccustomed to the technology or those with unreliable internet access.

A generic image of a person using a SARS CoV-2 Rapid Antigen Test

Updated

We’re back to the BBC report, in which Djokovic expressed opposition to vaccines. That report was published well before the Covid vaccine was available. But Lloyd says that only strengthens the government’s view that he was opposed to vaccinations:

Even before vaccinations were available, his prima facie position was to be against them. Sure, he left open the possibility that he might change his mind. But nevertheless his publicly stated position was that he was not in favour of taking vaccines.

Updated

Lloyd says the minister is not just relying on Djokovic’s public statements to assume an opposition to vaccination.

It’s not just the applicant’s public statements that he is opposed to vaccination, it is the fact of his ongoing non-vaccinated status ... at this stage of the pandemic. It is open to infer that a person in the applicant’s position could have been vaccinated if he had wanted to be.

He continues:

We say that that choice makes an important inference about his views about Covid-19 vaccination.

Updated

Barrister Stephen Lloyd is now making submissions on behalf of the immigration minister, Alex Hawke.

He quickly picks up on a point just made by Chief Justice Allsop, saying the minister is entitled to rely on his common sense when deciding whether to cancel a visa, not just material evidence later placed before a court.

Lloyd:

We certainly embrace the view that it is not limited to evidence before a court, administrative decision-makers usually inform themselves by a much broader range of materials.

Updated

Djokovic's lawyers conclude submissions

Wood is now pointing out the “contradiction” in the minister not asking Djokovic for his current views on vaccination, despite claiming he had a “well-known stance on vaccination”. The minister, as we’ve reported, relied on an old BBC report, published before the Covid vaccine was available, to suggest Djokovic was against vaccination. Wood says the reliance on that BBC report was done without context, including by reference to Djokovic’s comments that he was no expert.

And that’s where Wood concludes his submissions.

The chief justice, James Allsop, has just intervened to make an observation that is very helpful for the immigration minister’s case.

Djokovic’s lawyers have been focused on the lack of “evidence” before Alex Hawke of the impact of his presence in Australia.

Allsop said:

The word evidence shouldn’t mislead. What is really necessary is material before a decision-maker, which material includes the rational and reasonable use of perception and common-sense, in the place the decision-maker is in.

One needs to be careful when speaking about evidence in the sense of litigation...

Before a decision-maker, it’s the legitimacy of the material before [them] and whether or not it is of sufficient character including what can be drawn from common-sense and the perception of the minister to matters relevant in the community.”

So, Allsop is saying the minister is entitled to rely on his common-sense. That’s a big blow for Djokovic’s case.

Djokovic’s lawyers accepted that statement of the law.

Updated

We’re now on to ground two – attacking the minister’s purported satisfaction that Mr Djokovic’s presence “may” cause a risk to public health or good order.

Nicholas Wood submitted the minister needed to be positive satisfied, it must be formed “rationally upon findings of fact which are logically founded by probative evidence”.

Wood:

As I’ve said, the only evidence here was the BBC report that concerned anti-vax sentiment following cancellation. If there were evidence about anti-vax sentiment consequent to Mr Djokovic merely being in a place and playing tennis, such evidence could have been obtained – Rr Djokovic has been playing tennis for a long time – but no such evidence was identified.

Wood also accused Alex Hawke of “elementary error” by citing news reports about anti-vax protests that don’t mention Djokovic.

Back in the federal court, Wood is savaging the government’s claim that it did consider the effects deportation would have on anti-vaccination sentiment.

He says that Alex Hawke’s case amounts to asking the court to “infer from snippets of this and that” that there was “active consideration” of the counterfactual (what the impact on anti-vax sentiment of booting Djokovic would be).

Wood ridicules the government’s claim that its consideration of a public poll, which voices only general support for Djokovic’s presence in the country, amounted to it considering whether his deportation would excite anti-vaccination sentiment.

The minister’s grasping for straws... it was not considered.

Updated

Queensland tsunami alert cancelled but NSW remains on alert as beaches closed

On the tsunami alerts, the Bureau of Meteorology has cancelled its tsunami alert for Queensland.

The New South Wales state emergency service has just urged residents to stay out of the water. Local beaches have been closed.

Here’s the SES statement:

As a result of an eruption of HUNGA TONGA-HUNGA HA’APA in the Tongan Islands at 3.10pm AEDT Saturday 15 January 2022, the Bureau of Meteorology issued a marine tsunami warning for the NSW coastline, Lord Howe Island and Norfolk Island. NSW State Emergency Service (NSW SES) is the lead agency for tsunami in NSW.

To keep members of the community safe, local beaches along the state’s coast have been closed. NSW SES is asking that members of the public stay out of the water until it is safe to do so.

Members of the public considering looking to local rivers as an alternative for swimming are reminded that due to recent heavy rain, some river systems across the state are swollen, and may present dangerous swimming conditions.

The marine tsunami warning for the NSW coast could have the following impacts: dangerous rips and waves, strong ocean currents and some localised overflow onto the immediate foreshore exists overall coastal areas.

An initial land tsunami warning for low-lying coastal areas of Lord Howe Island has since been downgraded to a marine tsunami warning this morning (Sunday 16 January). Norfolk Island has also been downgraded to a marine tsunami warning.

NSW SES is working closely with Surf Life Saving, NSW police and local councils to ensure members of the community are safe.

A beach closed sign warns beachgoers of the hazardous conditions

Updated

Wood continues, describing the failure to consider the consequences of deportation as “perverse”.

It is somewhat perverse to adopt such a narrow focal point or lens on the 133(c)(a) question and to blinker oneself only to risks related to presence, when there is evidence before you of the risks related to the binary alternative.

'Irrational' for minister not to consider anti-vax consequences of Djokovic deportation

Wood is developing the argument that the minister should have considered the consequences of deporting Djokovic on anti-vaccination sentiment.

It was irrational, your honours, for the minister to only contemplate the prospect of the fostering of anti-vaxx sentiment that might accrue from Mr Djokovic playing tennis, in other words being present, and yet not consider the binary alternative, which was the prospect of anti-vaxx sentiment being fostered by ... coercive state action.

Wood says “no evidence at all” was obtained about the impact on anti-vaccination sentiment posed by Djokovic remaining in Australia and playing tennis. He said such evidence was available, because Djokovic has been playing tennis all over the world since the vaccine was developed.

Wood says Djokovic only needs to prove that the immigration minister should have considered a “material possibility” that deporting Djokovic would drive up anti-vaccination sentiment.

We don’t need to demonstrate the anti-vaxx sentiment if cancelled would have been greater than Djokovic’s mere presence in Australia, however I hasten to add that is the only evidence that existed.

[We need prove] only that the minister if he had considered [it] … there is a material possibility that there is some such anti-vaxx sentiment because ultimately this is a balancing of scales exercise.

All but one of the factors went in Mr Djokovic’s favour … Plainly there is a material prospect that the public interest assessment might have differed because of balancing the scales, or the discretionary exercise would’ve differed [if he had considered the counterfactual].

Updated

In the hearing, we’re now talking about the immigration minister Alex Hawke’s assertion that Djokovic is a “risk to good order”. This is a seperate ground used to cancel Djokovic’s visa, alongside the health concerns expressed by Hawke.

Nicholas Wood, Djokovic’s counsel, also challenges the notion that Djokovic’s presence is a threat to “good order”, saying it is also based on faulty logic.

The same thread of reasoning on health also runs through the minister’s reasoning on good order.

Djokovic’s written submissions in reply have been published. Djokovic’s lawyers have invited the court to draw the inference that Hawke didn’t consider the counterfactual (anti-vaxx unrest if his visa were cancelled). They argue Alex Hawke’s decision was “comprehensive”, that the minister considered everything he set out in it and nothing else.

They note Hawke’s legal team has made an “important concession that there is no express reference to the counterfactual in the reasons”.

They said:

The minster expressly confines his consideration of ‘unrest’ to things that have already happened. That is, he says that the fact that there has been some unrest which the minister associates with Mr Djokovic’s presence in Australia is a factor against cancellation; this says absolutely nothing about the unrest that might follow from his absence, despite this perhaps being an obvious place to consider that very issue.

Again, Djokovic’s lawyers say there is no evidence his presence will incite unrest. They said:

The minister is not permitted to cancel a visa based on an evidence-free figment of his imagination.

Updated

Tsunami warnings downgraded

Just away from the federal court, momentarily, we’ve got a little more detail on the tsunami alerts issued following the underwater volcano eruption overnight. The tsunami alerts for Lord Howe Island and Norfolk Island have been downgraded.

Sarah Scully, a senior meteorologist at the Bureau of Meteorology, has just spoken to the ABC. She says tsunami alerts have been downgraded in some areas.

And the latest news is the land threat off the islands of the coasts, the Pacific Islanders have been downgraded. They were a land threat, now they’ve been downgraded to a marine threat. Those warnings will remain in place for a particular location until there are no significant observations for six hours, so we are waiting to be really sure that the impact on the energy for their volcanic eruptions have dispersed and it’s no longer a danger to any people out of the water.

Updated

Djokovic’s counsel, Nicholas Wood, is arguing that “the only evidence” connecting Djokovic to anti-vaccination demonstrations is a BBC article about anti-vaxx groups’ anger “in response to action by the state to cancel his visa”.

Wood said:

Not a single line of evidence in the material before the minister provided any specific, logical or probative foundation for the proposition that the mere presence of Djokovic himself – not the cancellation of his visa and expulsion – may somehow foster anti-vaccination sentiment.

Wood said it is conceivable that his presence could have that effect, but that is not enough.

Updated

No evidence Djokovic's presence at other tournaments increased anti-vaxx sentiment: lawyers

Wood notes that Djokovic has been playing at tennis tournaments and grand slams ever since the Covid-19 vaccination was developed and distributed, including the last Australian Open. There is no evidence that his presence at any other tournament had excited anti-vaccination sentiment, he says, despite the fact there would be a “reservoir of evidence” if it had, given his global profile.

There’s nothing like that of any kind identified by the minister whatsoever.

Updated

This is interesting. We’re back on to the BBC report that the minister relied on to suggest Djokovic’s presence in the country would excite anti-vaccination sentiment.

Wood says the BBC report was published after the government’s first decision to cancel Djokovic’s visa. The report suggested it was the government’s decision, rather than Djokovic himself, that had “galvanised anti-vaccination activists”.

The only evidence is anti-vaxx group anger and agitation in response to action by the state to cancel him and thereby to set in train a course of events that would ... have led to his expulsion and statutory consequences impairing his capacity to come back to this country.”

Updated

The court hears minister Hawke cited two articles – one from the Guardian and another from the ABC – to suggest that anti-vaccination groups in Australia had expressed support for Djokovic due to his vaccination status.

But Wood says neither article made any mention of Djokovic whatsoever. The articles were about anti-vaccination groups but said nothing of the tennis star, he said.

He says it is clearly an error by the minister.

That is plainly wrong. Mr Djokovic is not referred to once in either of the articles from the Guardian or ABC news.

Updated

Minister failed to seek clarification on Djokovic's current vaccination views, court hears

Wood is speaking about the minister’s finding that Djokovic was a “high-profile unvaccinated individual” who had indicated publicly that he was opposed to becoming vaccinated.

He raises a BBC article cited by the minister as evidence of Djokovic’s approach to vaccination. The article says Djokovic was opposed to being forced to be vaccinated to travel.

But Wood says the BBC article also quoted Djokovic as saying he was “no expert”, wanted to “keep an open mind” and “wanted to choose an option that is best for my body”.

Wood says minister Alex Hawke ignored that part of the article in his reasons.

The court hears that Hawke also sought no new clarification from Djokovic about his current attitudes towards vaccination. Wood says Djokovic’s previous statements about vaccination were from before the Covid-19 vaccination was developed.

Serbian tennis player Novak Djokovic heads to a federal court hearing in Melbourne on Sunday morning.
Serbian tennis player Novak Djokovic heads to a federal court hearing in Melbourne on Sunday morning. Photograph: James Ross/EPA

Updated

Djokovic’s counsel, Nicholas Wood, is making submissions.

The early submissions are complex and relate to the legal authorities the government is relying on as foundations for its decision to cancel Djokovic’s visa. The minister’s statement of reasons for the decision, issued voluntarily to explain his reasoning, completely ignored the first argument the government used to cancel his visa, namely that he had no proper medical exemption to bypass the border restrictions.

Instead, Wood argues, the government “erected an entirely different rationale”. That rationale was that Djokovic would excite anti-vaccination sentiment in Australia.

Wood says the minister had “not sought or read the actual medical material that Mr Djokovic had provided” to the government after the initial challenge to his visa. That included material that Djokovic posed no real health threat given his recent Covid infection.

Updated

The hearing has started with an explanation from Chief Justice James Allsop about why he considered the case significant enough to have a full court (three judges) hear the case to finalise it today or tomorrow.

Allsop says that they needed to go to a higher level right away, because the right of appeal by Djokovic from a single judge to three judges would’ve been “inutile” because of the looming Australian Open.

Basically – we need a result, pronto.

In submissions just released the immigration minister, Alex Hawke, has argued that:

  • It was “clearly open” to him to conclude that Djokovic is personally opposed to vaccination.
  • There is “ample evidence” that Djokovic’s presence may foster anti-vaccination sentiment.
  • Djokovic has failed to show that the minister didn’t consider the impact of cancellation on anti-vaxx sentiment.

Hawke’s submissions note the “counter-argument” that he didn’t consider the impact of Djokovic’s removal and says basically ... prove it. “There is insufficient basis for the court to make this finding,” he said.

Even if Hawke didn’t consider this, the minister argued that didn’t make his decision illogical, irrational or unreasonable, and it was not a material error.

Hawke has responded to Djokovic’s argument he should have ASKED his view by asking:

What Mr Djokovic could have said to the minister in response to a question about his stance on vaccination would not have altered the fact of his previous public statements and the views of those in the Australian community as to what his views on vaccination were.

Updated

Djokovic case begins

Proceedings have just begun in the federal court, before Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.

Novak Djokovic’s amended submissions are now public, arguing that immigration minister Alex Hawke:

  1. Failed to consider the consequences of cancellation
  2. Could not be satisfied that Djokovic’s presence “is or may be” a risk; and
  3. Was unreasonable in his conclusion about Djokovic’s stance on vaccination.

Djokovic’s lawyers have argued that what really galvanised anti-vaccination sentiment was the first decision to cancel Djokovic’s visa, citing a BBC report about widespread backlash in the wake of that decision, which was later overturned by the federal circuit court.

They said:

It was irrational, illogical or unreasonable for the minister to fail to consider the influence of Mr Djokovic’s removal on anti-vaccination sentiment.

Djokovic’s lawyers also dispute claims Djokovic is an anti-vaxxer, arguing this was based on one statement in March 2020 that had since been qualified.

They said:

There was no evidence before the minister that Mr Djokovic has ever urged any others not to be vaccinated. Indeed, if anything, Mr Djokovic’s conduct over time reveals a zealous protection of his own privacy rather than any advocacy.

They criticise Hawke for not making “the obvious, critical, and easy inquiry of Djokovic as to what his sentiment in fact was”.

Updated

Additional funding to broaden telehealth

In further Australian Covid news, the Morrison government has announced $24m in new funding to widen the use of telehealth for GPs and other specialists. The funding is a direct reaction to the infection rate from the Omicron outbreak. AAP reports:

The $24m will also cover the continued supply of personal protective equipment, such as masks, respirators, face shields and gowns for face-to-face consultations including patients that have tested positive through a rapid antigen test.

The latter aligns with national cabinet’s January 5 decision that RAT tests no longer need to be confirmed by a PCR test.

Health minister Greg Hunt said telehealth had been a vital support during the pandemic, providing greater flexibility in healthcare delivery at the most critical time and continues to be a fundamental part of the pandemic response.

The government will introduce temporary specialist inpatient telehealth – via video and phone – including initial and complex specialist telephone consultation items, and longer telephone consultations for GPs until June 30, 2022.

“These services will be made available nationally rather than targeted to Commonwealth-declared hotspots as they were previously, recognising the high infection rate and need to provide healthcare support across the community,” Hunt said in a joint statement with regional health minister David Gillespie.

Updated

NSW records 20 deaths and 34,660 new Covid cases

NSW has just released its latest Covid data. It recorded 20 deaths in the previous 24 hours and 34,660 new cases.

Updated

Our reporter Paul Karp will be covering the Djokovic hearing today. He’s just sent this preview:

The full federal court will sit today (commencing 9:30am AEDT) to hear Novak Djokovic’s bid to overturn the immigration minister, Alex Hawke’s, decision to cancel his visa.

According to court documents, Hawke’s decision was based on his satisfaction that Djokovic could pose a risk to “civil unrest” as he is a “talisman of anti-vaccination sentiment”.

Djokovic’s lawyers will argue that: this conclusion was illogical, irrational or unreasonable; it was not open for Hawke to find Djokovic is a risk to health or good order; and that Hawke made findings about Djokovic’s views on vaccination based on public statements without actually seeking his views.

Overnight, Djokovic’s lawyers lodged an amended document at 9:15pm – so it’s possible he has added to his case. Hawke’s submissions were lodged at 10pm.

The hearing will be before three judges: Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan. The significance of that is that, win or lose, the result is likely to be final. Only the high court sits above the full federal court, and taking the case there that would require leave to appeal.

pic
Serbian tennis player Novak Djokovic is photographed as he is transported from an immigration hotel in Melbourne. Photograph: Dave Hunt/EPA

Updated

Victoria records 13 Covid-19 deaths and 28,128 new cases

Victoria has just recorded 13 deaths and 28,128 new Covid-19 cases.

122 people are in ICU and 1,114 people are in hospital in the state.

That’s a reduction on yesterday’s case numbers and deaths, when 23 lives were lost and 25,526 cases were recorded.

Hospitalisations, though, are up to 1,114 from 1,054 yesterday.

Updated

Tonga volcanic eruption prompts Australian east coast tsunami alert

Away from the Djokovic case, there’s troubling news out of Tonga, where tsunami waves were sent crashing across the shore following an undersea volcano eruption on Saturday.

So far, we have no reports of injuries or on the extent of the damage because all internet connectivity with Tonga was lost at about 6.40pm local time.

Tsunami advisories were issued for other Pacific islands, the Australian east coast, Hawaii, Alaska and the US Pacific coast.

AAP has more details:

On Tonga, home to about 105,000 people, video posted to social media showed large waves washing ashore in coastal areas, swirling around homes, a church and other buildings. Satellite images showed a huge eruption, with a plume of ash, steam and gas rising like a mushroom above the blue Pacific waters.

Authorities in the nearby island nations of Fiji and Samoa also issued warnings, telling people to avoid the shoreline due to strong currents and dangerous waves. In New Zealand, officials warned of possible storm surges from the eruption.

New Zealand’s private forecaster, Weather Watch, tweeted that people as far away as Southland, the country’s southernmost region, reported hearing sonic booms from the eruption. Others reported that many boats were damaged by a tsunami that hit a marina in Whangarei, in the Northland region.

Earlier, the Matangi Tonga news site reported that scientists observed massive explosions, thunder and lightning near the volcano after it started erupting early on Friday. Satellite images showed a 5km-wide plume rising into the air to about 20km.

The Hunga Tonga Hunga Ha’apai volcano is about 64km north of the capital, Nuku’alofa. In late 2014 and early 2015, a series of eruptions in the area created a small new island and disrupted international air travel to the Pacific archipelago for several days.

The Tonga Meteorological Services said a tsunami warning was declared for all of the archipelago, and data from the Pacific tsunami centre said waves of 80cm (2.7ft) were detected.

Read more here:

Updated

We’re expecting general public support for Djokovic to be an issue raised before the federal court.

Early Sunday morning, the Sydney Morning Herald and the Age published the results of poll showing more than two-thirds of Australians believe Novak Djokovic should be sent home without playing in the Australian Open.

The survey showed 71% of respondents believed he should not be allowed to stay, only 14% want him to compete, and 15 % say they do not care if he stays or goes.

pic
Serbia’s Novak Djokovic. Photograph: Mark Baker/AP

Djokovic leaves immigration hotel

Novak Djokovic has left the Park Hotel and is on his way to his lawyers’ offices in Melbourne.

pic
Serbian tennis player Novak Djokovic departs from the Park Hotel government detention facility before attending a court on Sunday morning. Photograph: James Ross/EPA
pic
Novak Djokovic (right) departs from the Park Hotel. Photograph: James Ross/AAP

Support for Djokovic has been strongest in Serbia, including in the capital Belgrade, where Serbian president Aleksandar Vučić has posted a video statement attacking the Australian government overnight.

Vučić accused Australian prime minister Scott Morrison of mistreating Djokovic for political purposes.

If you wanted to forbid Novak Djokovic to win the trophy for the 10th time, why didn’t you return him immediately? Why didn’t you tell him that it was impossible to get a visa.

Why do you harass him? Why do you mistreat him, as well as his family and nation that is free and proud? Is all this necessary to win the elections and please your public?

Djokovic was also the holder of a diplomatic passport, according to the Serbian government. In a statement reported by the Sydney Morning Herald, the embassy said that should have entitled him to fair treatment at the border.

Although the fact is that he is the best tennis player in the world, Serbia doesn’t expect any preferential treatment of Novak Djokovic, but an adequate, professional approach of foreign authorities, which we are obliged to provide to every holder of our travel document.

On the other hand, we do not expect that, because of his status as the best, he will be subjected to a particularly harsh treatment in order to serve as an example to others just because of his popularity.

Updated

The Australian Open is due to begin tomorrow. It’s not actually clear whether we’ll have a decision from the federal court before then, though it’s certainly open for the judges to hand down judgment immediately.

The Djokovic saga has understandably overshadowed the event’s preparations.

Many of the competitors are frustrated by that fact. Only a few have spoken candidly about the Djokovic case, but fewer still have openly offered support for his actions.

The Australian Alex de Minaur, the world No 42, hinted at the resentment many people feel in Melbourne, a city which has endured lengthy lockdowns throughout the pandemic.

Australians have gone through a lot. There’s no secret about that. They’ve had it very tough. They’ve done a lot of work to protect themselves and their borders. When you’re coming in, as well as every other tennis player, if you wanted to come into the country, you had to be double vaccinated. It was up to him, his choices, his judgment.

Nick Kyrgios, previously critical of Djokovic’s response to Covid, has offered some support for the world No 1. Kyrgios told the No Boundaries Podcast:

It’s just a shitshow. It’s not even about the vaccination any more. I feel so sorry for him.

How we’re dealing with stuff is just so embarrassing. I just think if Australia had dealt with Covid better, I don’t think this would be such a big issue. It’s insane now.

Rafael Nadal, who will be among the favourites whether or not Djokovic plays, said:

From my point of view, there is a lot of questions that need to be answered. In some ways I think it will be good if everything is clarified soon. Everyone chooses his road. I wish him all the best. I really respect him, even if I do not agree with a lot of things that he did the last couple of weeks.

Updated

We’ve still got an hour until proceedings begin in the federal court, where the case will be heard by a full bench, comprisong Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.

Novak Djokovic spent last night back at Melbourne’s Park Hotel, used as an immigration detention facility, after he was returned into the custody of Border Force guards on Saturday. His detention again prompted supporters and anti-vaccination groups to gather outside the hotel late Saturday.

So what exactly is Australia’s case against the world’s best tennis player? Well, it’s shifted entirely from its first, failed iteration. The immigration minister Alex Hawke initially argued Djokovic had arrived in Australia without a proper exemption to the country’s tough Covid-19 border restrictions, which require full vaccination.

Hawke, after losing his first case, has now conceded Djokovic arrived with a proper exemption. He now argues that Djokovic’s pubic opposition to vaccination, disregard for Covid-19 restrictions and global popularity may fuel the anti-vaccination movement in Australia, posing a threat of civil unrest.

Hawke:

Given Mr Djokovic’s high-profile status and position as a role model in the sporting and broader community, his ongoing presence in Australia may foster similar disregard for the precautionary requirements following receipt of a positive Covid-19 test in Australia.

In particular, his behaviour may encourage or influence others to emulate his prior conduct and fail to comply with appropriate health measures following a positive Covid-19 test, which itself could lead to the transmission of the disease and serious risk to their health and others.

I consider that Mr Djokovic’s ongoing presence in Australia may lead to an increase in anti-vaccination sentiment generated in the Australian community, potentially leading to an increase in civil unrest of the kind previously experienced in Australia with rallies and protests which may themselves be a source of community transmission.

pic
A Belgrade resident walks past a mural depicting Serbian tennis player Novak Djokovic on 15 January. Photograph: Oliver Bunic/AFP/Getty Images

Updated

Hello everyone and welcome.

It’s a huge news day today. All eyes will, of course, be on Novak Djokovic.

From 9.30am, Melbourne time, the federal court will hear his fight to overturn his visa cancellation. If he’s successful, he’ll be allowed to stay in Australia and defend his Australian Open title, pending any appeal. If he fails, Djokovic will be deported and barred from the country for three years.

The hearing will directly engage with Djokovic’s views on vaccination. Australia’s immigration minister, Alex Hawke, argues the unvaccinated star’s presence in Australia could incite “civil unrest” and encourage others to avoid vaccination against Covid-19. Djokovic, in the government’s view, is “perceived by some as a talisman of a community of anti-vaccine sentiment” and cannot be allowed to stay in the country.

Djokovic’s lawyers say there is no evidence whatsoever to bolster the minister’s claims, and that the characterisation that Djokovic held anti-vaccination views was unjustified, based on selectively edited historical comments in the media.

It promises to be a dramatic day before the federal court’s full bench. We’ll bring you all the developments as they happen.

Djokovic’s case is not the only issue making news this morning. We’ll continue to bring you the latest Australian Covid news and developments in Tonga, where the eruption of an underwater volcano has prompted tsunami fears this morning.

pic
Novak Djokovic. Photograph: Steve Christo/AP

Updated

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