Former deputy secretary of the Department of Immigration, Abul Rizvi, said there were three reasons behind the delay in deciding Novak Djokovic’s visa.
Dr Rizvi told ABC Radio Melbourne a short time ago that the government had not chosen the cancel or no cancel policy, with government factions pulling in different directions, legal issues and the risk of losing a second challenge were always worrying. decision-makers, or the government was still trying to strategize after the cancellation decision was made.
Dr Rizvi said that if the minister decides to cancel Djokovic’s visa, the tennis champion must immediately be taken into custody again.
“The government can decide to release him from detention on a relay visa. It’s a later decision,” he said.
“Legally, at the time of cancellation, he must be taken into custody.”
Dr Rizvi said if the minister canceled the visa it would likely be done under his personal powers and the decision would focus on the false information provided on Djokovic’s visa form. Under this decision, the Minister would consider the cancellation to be in the public interest, which would be tested in court.
He said a judge could be prepared to sit urgently to hear the case, but the case could also be heard over the weekend.
“What would worry the minister is if the judge could also decide to order the minister to release Mr. Djokovic from detention on a bridging visa that allows him to play while the judge considers the evidence and considers the applications that are made and leads the hearing. ,” he said.
Dr Rizvi, who was a senior official in the ministry from the 1990s to 2007, said if he advised the minister he would say the legal risks of losing the case were significant and the issue lingers longer in the media during the call. the process continues.