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
简单翻译重点。
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.
捷克选手 Voracova 虽然跟 Djokovic 一样申请了同样的 COVID-19 豁免进入澳洲，但
法庭认为他的状况跟 Djokovic 的有很大的不同，也没有任何证据显示他未能达成该签
证的要求。
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 当时被迫要离开澳洲时，有请律师跟边防协商申请使用过桥签合法离开澳洲。
“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.
他在他的申报单上诚实的告知了他有一些身体状况无法马上施打疫苗，而且也不需要使用
之前有感染过 COVID-19 的证明来表示自己无法施打。Voracova 并非是不想打疫苗，而
这让他跟 Djokovic 的情况有很大的不同。那我们认为这样将他的签证取消是不适当的。
“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 另一个不同的地方是他的签证并非是因维持秩序而被取消，而
前面有提到他也没有跟 Djokovic 一样不想要打疫苗或者是忽视隔离政策。
Djokovic 最后则是因为可能造成社会秩序动荡被请出澳洲。在这状况下，除非移民部长
能够在有足够令人信服或富有同情心的理由给他豁免，否则他在三年内都不能够获取签证
进入澳洲。
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.
其实在 2/8 的时候澳洲法庭就决定要恢复他的签证，因为他的澳洲签证状况会影响到他
去别的国家打比赛或者是申请签证。原本 Voracova 有计画要在二月去俄罗斯打比赛，不
过他最终是在三月底的时候才在西班牙出赛。
“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 的律师在 2/4 的时候提到他在申请去俄罗斯的签证时碰到困难，希望澳洲能在
2/8 解决这个问题。
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.
法庭也理解对 Voracova 实行三年的拒签会造成他职业生涯跟生活上的困难，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.
记者上个月想要在温布顿采访 Voracova，但被拒绝。