Australia live news update: Novak Djokovic visa cancellation appeal hearing begins as Victoria records 13 Covid deaths and NSW 20

Wood notes that Djokovic has been playing at tennis tournaments and grand slams ever since the Covid-19 vaccination was developed and distributed, including the last Australian Open. There is no evidence that his presence at any other tournament had excited anti-vaccination sentiment, he says, despite the fact there would be a “reservoir of evidence” if it had, given his global profile.

This is interesting. We’re back on to the BBC report that the minister relied on to suggest Djokovic’s presence in the country would excite anti-vaccination sentiment.

Wood says the BBC report was published after the government’s first decision to cancel Djokovic’s visa. The report suggested it was the government’s decision, rather than Djokovic himself, that had “galvanised anti-vaccination activists”.

The court hears minister Hawke cited two articles – one from the Guardian and another from the ABC – to suggest that anti-vaccination groups in Australia had expressed support for Djokovic due to his vaccination status.

But Wood says neither article made any mention of Djokovic whatsoever. The articles were about anti-vaccination groups but said nothing of the tennis star, he said.

He says it is clearly an error by the minister.

Wood is speaking about the minister’s finding that Djokovic was a “high-profile unvaccinated individual” who had indicated publicly that he was opposed to becoming vaccinated.

He raises a BBC article cited by the minister as evidence of Djokovic’s approach to vaccination. The article says Djokovic was opposed to being forced to be vaccinated to travel.

But Wood says the BBC article also quoted Djokovic as saying he was “no expert”, wanted to “keep an open mind” and “wanted to choose an option that is best for my body”.

Wood says minister Alex Hawke ignored that part of the article in his reasons.

The court hears that Hawke also sought no new clarification from Djokovic about his current attitudes towards vaccination. Wood says Djokovic’s previous statements about vaccination were from before the Covid-19 vaccination was developed.

Djokovic’s counsel, Nicholas Wood, is making submissions.

The early submissions are complex and relate to the legal authorities the government is relying on as foundations for its decision to cancel Djokovic’s visa. The minister’s statement of reasons for the decision, issued voluntarily to explain his reasoning, completely ignored the first argument the government used to cancel his visa, namely that he had no proper medical exemption to bypass the border restrictions.

Instead, Wood argues, the government “erected an entirely different rationale”. That rationale was that Djokovic would excite anti-vaccination sentiment in Australia.

Wood says the minister had “not sought or read the actual medical material that Mr Djokovic had provided” to the government after the initial challenge to his visa. That included material that Djokovic posed no real health threat given his recent Covid infection.

Proceedings have just begun in the federal court, before Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.