Visa reinstated for Czech tennis player deported alongside Djokovic
By Scott Spits (The Age)
July 21, 2022 — 11.35am
https://reurl.cc/Lmvg7x
https://www.theage.com.au/sport/tennis/visa-reinstated-for-czech-tennis-player-deported-alongside-djokovic-20220720-p5b3ak.html
簡單翻譯重點。
The Czech tennis player deported from Australia earlier this year over her
vaccination status has had the cancellation of her visa overturned after a
tribunal found there was no evidence that she had failed to comply with the
conditions of it.
Renata Voracova, 38, had arrived to compete in the Australian Open and was
deported in January at the height of the Novak Djokovic visa saga.
Voracova was granted entry into Australia under the same provisions for a
medical exemption from COVID-19 vaccination given to former world No.1
Djokovic, but the tribunal found her case was noticeably different.
捷克選手 Voracova 雖然跟 Djokovic 一樣申請了同樣的 COVID-19 豁免進入澳洲，但
法庭認為他的狀況跟 Djokovic 的有很大的不同，也沒有任何證據顯示他未能達成該簽
證的要求。
The Administrative Appeals Tribunal of Australia heard evidence that after
negotiations between Voracova’s lawyers and Australian Border Force, she was
granted a bridging visa, allowing her to depart Australia as a lawful
non-citizen.
“There was no evidence Ms Voracova failed to comply with her visa conditions,
” said Jan Redfern, the tribunal’s vice president and head of the migration
and refugee division, in written findings.
“She had followed all relevant rules and there was evidence she had relied
on representations made to her by Tennis Australia and the Department of
Health in Victoria about her medical exemption.
“I accept the submission that there was no law preventing Ms Voracova from
entering Australia at the relevant time even though she was unvaccinated.
Voracova 當時被迫要離開澳洲時，有請律師跟邊防協商申請使用過橋簽合法離開澳洲。
“She truthfully answered the travel declaration and she had cogent medical
evidence to support her exemption, being the evidence provided by her general
practitioner about her vulnerability to thrombosis.
“Notably, Ms Voracova did not need to rely on the fact that she had
previously contracted COVID-19 as a medical contraindication to vaccination
because she had a medical basis to delay vaccination.”
As part of the decision, Redfern said Voracova was not opposed to vaccination
and that distinguished her situation from Djokovic’s.
“At the time of my oral decision, I was not satisfied that Ms Voracova’s
presence would or might be such as to impact the health of the Australian
community or a segment of the Australian community,” Redfern said.
“I was therefore not satisfied that the ground for cancellation was made out.
他在他的申報單上誠實的告知了他有一些身體狀況無法馬上施打疫苗，而且也不需要使用
之前有感染過 COVID-19 的證明來表示自己無法施打。Voracova 並非是不想打疫苗，而
這讓他跟 Djokovic 的情況有很大的不同。那我們認為這樣將他的簽證取消是不適當的。
“I also note, for completeness, that Ms Voracova’s case can be
distinguished from [the] Djokovic [case] because her visa was not cancelled
on the grounds of ‘good order,’ nor do the circumstances of her case lend
themselves to such a conclusion.
“As [already] noted, Ms Voracova is not opposed to vaccination and, unlike
the Djokovic case where the minister apparently found there was evidence Mr
Djokovic had shown a disregard for the self-isolation protocols, there is no
such evidence before me to this effect in this case.”
Djokovic was deported on tournament eve after initially being allowed into
the country. He was chasing a 10th title at Melbourne Park.
The Australian government ultimately prosecuted the case that Djokovic, who
confirmed in February that he was unvaccinated against COVID-19, may have
disrupted civil order and undermined the nation’s pandemic response. He had
used a then recent COVID-19 infection as grounds for his exemption.
Under Australian immigration law, Djokovic cannot be granted a visa for a
three-year period unless Australia’s Immigration Minister agrees to an
exemption on compelling or compassionate grounds.
那 Voracova 跟 Djokovic 另一個不同的地方是他的簽證並非是因維持秩序而被取消，而
前面有提到他也沒有跟 Djokovic 一樣不想要打疫苗或者是忽視隔離政策。
Djokovic 最後則是因為可能造成社會秩序動盪被請出澳洲。在這狀況下，除非移民部長
能夠在有足夠令人信服或富有同情心的理由給他豁免，否則他在三年內都不能夠獲取簽證
進入澳洲。
Voracova’s circumstances were different to Djokovic on various fronts. The
Czech veteran was deported from Australia one week after arriving on December
30 despite playing in an Australian Open lead-up event at Melbourne Park.
The decision to reinstate her visa was made on February 8 but Voracova did
not play another Women’s Tennis Association event until late March in Spain.
The tribunal heard evidence that she had wanted to play a tournament in
Russia in early February.
其實在 2/8 的時候澳洲法庭就決定要恢復他的簽證，因為他的澳洲簽證狀況會影響到他
去別的國家打比賽或者是申請簽證。原本 Voracova 有計畫要在二月去俄羅斯打比賽，不
過他最終是在三月底的時候才在西班牙出賽。
“Ms Voracova’s lawyer provided a statement from Dr Milena Dostalkova, Ms
Voracova’s general practitioner in the Czech Republic, and a supplementary
statement for Ms Voracova dated 4 February 2022 setting out details of the
difficulties she had encountered in obtaining a visa to enter Russia to
compete in the St Petersburg Ladies Tournament,” Redfern said.
“It was requested that Ms Voracova’s application be considered urgently,
namely by 8 February 2022, so that she could arrange to obtain a visa and
find a suitable doubles partner to compete in another tournament in Mexico
commencing on 21 February 2022.”
Voracova 的律師在 2/4 的時候提到他在申請去俄羅斯的簽證時碰到困難，希望澳洲能在
2/8 解決這個問題。
The tribunal also acknowledged the impact on Voracova’s professional career
if a three-year ban on entering Australia had remained.
“I also accepted that there would be hardship to Ms Voracova in having her
visa cancelled because of the potential impact on future travel to Australia
and possibly, although less likely, other countries,” said Redfern.
法庭也理解對 Voracova 實行三年的拒簽會造成他職業生涯跟生活上的困難，包括去澳
洲及其他可能地方。
The Age and Sydney Morning Herald sought to speak to Voracova at Wimbledon in
London this month, but that request was denied.
記者上個月想要在溫布頓採訪 Voracova，但被拒絕。