Tag Archives: oceania

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Federal Court reveals why it upheld decision to cancel Djokovic's visa

The Federal Court of Australia ruled to uphold the cancellation of Novak Djokovic's visa for the second time because Immigration Minister Alex Hawke's decision to deport him was found to be lawful.

The reasons for the judgment, published this afternoon, stated the court does not "consider the merits or wisdom" of the decision, nor does it "remake the decision".

"The task of the Court is to rule upon the lawfulness or legality of the decision by reference to the complaints made about it," the judgment read.

READ MORE: Djokovic takes majority stake in company developing COVID-19 treatment

Prime Minister Scott Morrison has not ruled out Novak Djokovic returning to Australia at a future date.

Djokovic's lawyers had unsuccessfully argued Mr Hawke's decision to cancel the visa on Friday was "illogical, irrational and unreasonable".

The court judgment stated the Immigration Minister may cancel a visa if "he or she is satisfied that presence of its holder in Australia may be a risk to the health or good order of the Australian community".

Mr Hawke reached a "state of satisfaction" to cancel the tennis star's visa on grounds that cannot be deemed as "irrational or illogical or not based on relevant material", the judgment said.

"Whether or not others would have formed that state of satisfaction and the state of satisfaction as to the public interest is a consideration not to the point," it read.

The Federal Court judges also found it was reasonable for Mr Hawke to conclude Djokovic was opposed to vaccination.

The tennis star's lawyers had argued the minister had failed to ask about Djokovic's views on the topic.

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

"Further, there was no issue but that Mr Djokovic was not, by January 2022, vaccinated.

"It was plainly open to the Minister to infer that Mr Djokovic had for over a year chosen not to be vaccinated since vaccines became available.

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

"It was plainly open to the Minister to infer that Mr Djokovic had chosen not to be vaccinated because he was opposed to vaccination or did not wish to be vaccinated."

The judgment stated even if Djokovic did not win the Australian Open, his presence in Australia playing tennis could foster "anti-vaccination" sentiment among people who wanted to emulate him.

"The capacity of his presence in Australia playing tennis to encourage those who would emulate or wish to be like him is a rational foundation for the view that he might foster anti-vaccination sentiment," it read.

"An iconic world tennis star may influence people of all ages, young or old, but perhaps especially the young and the impressionable, to emulate him."

Following the ruling on Sunday, Djokovic issued a statement saying he was "extremely disappointed" by the Federal Court's rejection of his appeal, which ended his hope to play in the Australian Open.

The tennis star has now returned to his home country of Serbia.

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Not 'sufficient evidence' to link anti-depressants and youth suicide

Australia's medicine regulator says there is 'not sufficient evidence' to suggest a link between anti-depressants and an increase in the rate of youth suicide.

The Therapeutic Goods Administration (TGA) said it has continued an earlier probe into the issue, and said while it found increasing use of the drugs for younger people "a concern", there was not "sufficient evidence" to suggest the link.

It means there won't be any changes to who can give or be prescribed antidepressants.

READ MORE: TGA approves Novavax COVID-19 vaccine

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The Department of Health commissioned NPS MedicineWise to conduct a new MedicineInsight data analysis into antidepressant use in young people, aged under 25 seeing GPs.

The report showed one in ten under 25s had either a current or past history of depression and/or anxiety recorded in 2018–19.

A total of 63 per cent of them were given an anti-depressant.

"The prevalence increased by 1.8 times between 2011 and 2020, and over a decade – and the recorded rates of suicide attempt, suicide ideation and self-harm increased at least three-fold," it said.

However, the TPG said it doesn't believe any action is needed.

"Further regulatory action to limit prescriber or Pharmaceutical Benefits Scheme eligibility criteria is not justified on the strength of the current evidence," it said.

"The review found that, while the increasing use of antidepressants in young people was a concern, the current available evidence was not sufficient to conclude that a causal relationship exists between prescribing of antidepressants and the rates of youth suicide."