The Judge decided that Border Security did not apply procedural fairness in that they agreed that they would give Djokovic time to have a sleep and consider his options but then they didn’t do that and went ahead and cancelled his visa. No judgement was made at all on the requirement by Australia for non-Australians and non-Residents to be double vaccinated. Had Border Force given Djokovic the time they agreed to his grounds for appeal against their decision would have been much more limited. The Minister for Immigration holds totally separate powers to cancel a visa on multiple other grounds. There is no dispute that he holds these powers.
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