I have been considering creating this blog for some time to gather in one place the huge volume of information I have about Covid and the current worldwide political crisis. So much has been going on for so long, that anything I planned to write was out of date as soon as it was written, but it remained in my mind that I should do something. However, when Western Australia's lovely lying premier, Mark McGowan, introduced punitive sanctions against those of us who have not submitted to the collectivist nonsense of 'mandatory vaccination', it became all the more necessary to start now. I created the blog, registered the name and began planning. Then...Djokovic.
While I would like write a lot more about the Djokovic case - and I will - but this case is important enough to putt something out there immediately. For the government and the mainstream media, Djokovic was a propaganda case they couldn't afford to lose, so - like all tyrants - they cheated and ensured the deck was stacked in their favour. The mainstream media have run cover over the government's lies and deceit. That's what they are paid for to the tune of $48m in government funding, so no one should be surprised.
In the interests of time, Novak Djokovic is the Serbian world number one tennis pro and eight time Australian Open champion. In 2021 he attended the Australian Open in Melbourne, which he one. At that time, entry to Australia was conditional on a clear Covid test prior to entry and quarantining for 14 days on arrival. In 2021, the entry requirements to Australia for international visitors was that they be fully vaccinated, or have had Covid recently and carrying antibodies and quarantined for 14 days. Djokovic advised he had had Covid in December 2021 and had tested positive for antibodies. Tennis Australia provided advice on the exemptions process and supported his entry into Australia.
Between Djokovic's application for a short term visa and his arrival in Australia, the Australian government (the Federal and state governments working in conjunction - but in a very disorderly fashion) embarked on an unrestrained push to force mandatory vaccination upon the remaining, unconvinced part of the Australian population. Government spokesmen in each state have regularly claimed that the vaccination rate in their state is between 80 and 95%. This claim is total bullshit and they know it. There is a significant minority of people fundamentally opposed to 'vaccination' (it's an experimental gene therapy - and an extremely dangerous one). Since November 2021 the state governments and their corporate enablers have begun forcing people out of work, swelling the ranks of the opposition. Mandating boosters from February 2022 - something we 'conspiracy theorists' have been warning about for ages - has shocked many of those who went-along to get-along, further increasing the opposition. Mandating vaccination of children from 5 years old has outraged parents across the country. This has bought the usually somnolent people of Australia onto the streets in record breaking numbers in every state and major city.
The response of the government has been increasly punitive restrictions on the opposition and public demonization across the media. We, the new untermenschen, are now banned from almost all public forums - shopping centres, pubs, nightclubs, museums, hospitals, care homes, bottle shops, restaurants and cafes. The good premier of Western Australia intended banning us 'dropkicks' from being able to shop for food, but begrudgingly conceded that might be a move too far. These rules are utterly unlawful and discriminatory (I will write more on this later) and a despicable act by despicable, criminal people.
Djokovic arrived into this supercharged atmosphere on 5 January 2022 and, although his paperwork was in order in accordance with the exemption process he provided, he was stopped by Border Force and denied entry. He was advised that as an unvaccinated person, he would not be permitted into the country. Djokovic immediately engaged legal counsel and challenged the decision in the Federal Court of Appeal. The government-paid media attack-dogs went into overdrive to slander Djokovic as a anti-vax conspiracy theorist trying to use his celebrity to bypass 'the rules.' It was pathetic and embarrassing but it did whip the Covid-cultists into a fury.
Djovokic presented his evidence to the Federal Court and they rightly ruled that he had followed the correct process and "could not have done anything more", based on the advice he had received from Tennis Australia and the Victorian Government. This was a huge embarrassment for the Federal government, which was responsible for cancelling his visa. While tennis fans and campaigners for civil rights in this country justifiably celebrated this news, the mainstream media immediately downplayed the loss, advising the faithful that the matter would now rest with the Minister for Immigration, as he had among his powers the right to revoke a visa. That all media outlets uniformly reported on this somewhat obscure power is clear evidence that the Federal government was briefing them behind scenes.
That the government was considering invoking an arbitrary power in order to secure a political victory tells you a lot about their desperation. Revoking Djokovic' visa in this way would bring a shit-storm of international controversy on their heads. Certainly they wouldn't do that, would they? The fact that Djokovic was whisked away from detention to an undisclosed location and not permitted to speak to the press was not a good sign. On 14th January 2022, Immigration Minister, Alex Hawke, announced:
"Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so.Prime Minister, Scott Morrison, said he "supported" the minister's decision.
This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.
In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.
The Morrison Government is firmly committed to protecting Australia's borders, particularly in relation to the COVID-19 pandemic.
I thank the officers of the Department of Home Affairs and the Australian Border Force who work every day to serve Australia's interests in increasingly challenging operational environments."
What a load of shit. Scott Morrison, the living example of political cowardice, literally does nothing, and most especially never does anything that might adversely stick to him. He prefers to lead from behind, encouraging the megalomaniac state premiers to enact his draconian lockdown and vaccination policies while he sits on his hands and shrugs that these are state matters outside of his control. It should he clear to all, Morrison ("that guy down-under" - it's embarrassing when even Joe Biden forgets who you are) is no friend of the people. He is the enemy, driving the agenda behind the scenes.
The Federal Court Decision that wasn't
Djokovic' legal team filed for an emergency injunction against the minister's decision and the Federal Court heard arguments on Saturday 15th January 2022 and the proceedings were live streamed, which was quite unusual. The key arguments were presented by the barrister for the government, which gave the game away. Djokovich could not be permitted to stay in Australia as his unvaccinated presence (and sporting performance) may encourage vaccine hesitancy in the Australian population. It is Australian government policy that everyone in Australia be vaccinated. This was politics, pure and simple.
As Federal Courts are want to do, they waffled on and presented various accounts proporting to be from both parties, but ultimately found for the government, with costs awarded. This is where the media accounts stop, claiming loudly that the courts found he lied or cheated or somehow abused the system and he was deported. Good riddance! It also sent a message to the 'crazies' challenging the lawfulness of Covid policies through the courts. If Djokovic, with his high-powered legal team couldn't win, what chance do you have?
But of course, this was not the gist of the decision. If I were Djokovic I would be a little disappointed in my legal team as this appeal was always going to fail. The key point is spelt out in paragraph 19, Judicial Review:
"19. Part 8 of the Migration Act is entitled Judicial review, and comprises ss 474-484. Within Div. 1 of Pt. 8, s 474(1) provides that a “privative clause decision” is final and conclusive, must not be challenged, appealed against, reviewed, quashed or called into question in any court, and is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account. In s 474, the expression “privative clause decision” has the meaning given to it by s 474(2) and includes a decision, relevantly cancelling a consent or permission (including a visa): Migration Act, par 474(3)(c). Further, sub-ss 474(4)-(5) of the Migration Act, identify, by a process of exclusion, certain kinds of decisions made pursuant to specified provisions of the Act and regulations which are not privative clause decisions.
20. A decision, or a purported decision, made under s 133C(3) to cancel a visa is not excluded and so falls within the definition of a privative clause decision under Pt 8 of the Migration Act."
There you go. The minister's powers to revoke a visa is "final and conclusive, must not be challenged, appealed against, reviewed, quashed or called into question in any court, and is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account." The minister's power is absolute. Djokovic was never going to win. The whole exercise was a farce to allow the government to get make a political case in the courts and media, slandering Djokovic as a danger to Australian society. There was however no test of the laws around mandates, vaccination or Covid.
But has the government actually won anything by their actions? Only if short term political point scoring is considered a win. Internationally, Australia continues to show itself as a lawless, despotism. Novak Djokovic is an international sporting hero who remained dignified in the face of despicable and obvious political grandstanding. Djokovic is now more of a hero, standing up for what he believes in, while Scomo and his lapdog immigration minister look like petty despots. One thing is certain, all those people who have been calling on Scott Morrison to 'save' them from the premiers' should now be able to see through his tissue thin facade. Scomo's poll numbers continue sliding into the shitter, where they belong, taking his party down with him. The Federal election is due in April or May and faith in the major parties is already at rock bottom, with 40% of voters indicating they vote for the independents. Judgement day is coming.
Link to the court documents https://www.fcfcoa.gov.au/migration-law/online-file/djokovic
Update - Arguments move to the High Court: https://stolzuntermenschen.blogspot.com/2022/01/djokovic-appeals-minister-of.html
