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Speaker 1: Good morning, everybody. Welcome to the Daily Os another week.

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Speaker 1: It's the seventeenth of January. My name is Sam Kozlowski.

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Speaker 1: I'm joined by the co founder of the Dally Os,

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Speaker 1: Zara Saidler. The Australian Open kicks off in only a

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Speaker 1: few hours and we're going to be talking about the

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Speaker 1: biggest omission from the tournament. At about six pm last

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Speaker 1: night we heard that Novak Djokovic will be deported from Australia.

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Speaker 1: We're going to answer all the questions you've got and

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Speaker 1: talk through the decision, Zara. Before we get to Novak Djokovic,

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Speaker 1: what else happened over the weekend.

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Speaker 2: Yesterday we woke up to news that an underwater volcano

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Speaker 2: eruption in Tonga had triggered tsunami warnings in multiple countries,

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Speaker 2: including here in Australia. Warnings were put in place for

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Speaker 2: parts of Australia's East Coast, and as a precaution, Sam's

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Speaker 2: favorite place on Earth, Bondai Beach, was evacuated. The warnings

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Speaker 2: for New South Wales, Lord Howe Island and Norfolk Island

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Speaker 2: were still in place last night, while the warnings in Tazzi,

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Speaker 2: Victoria and Queensland had been canceled.

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Speaker 1: Over in the US and four people in Texas were

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Speaker 1: released safely after being taken hostage for several hours in

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Speaker 1: a synagogue during a service. According to the Associated Press,

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Speaker 1: the suspect was heard demanding the release of Aifa Suduki,

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Speaker 1: who was convicted of attempting to kill US military officers

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Speaker 1: while in custody in Afghanistan and has suspected ties to

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Speaker 1: Al Qaeda. The hostage shaker was killed at the scene.

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Speaker 2: Telehealth will be temporarily expanded by widening consultations for GPS

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Speaker 2: and other specialists until the thirtieth of June. There'll be

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Speaker 2: millions of dollars allocated to increasing temporary specialists inpatient telehealth

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Speaker 2: and initial and complex specialist telephone consultations. And this all

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Speaker 2: comes of course Omits an outbreak of the omicon variant

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Speaker 2: which has posed some obstacles to accessing health care in

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Speaker 2: this country.

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Speaker 1: And today's good news. After over five months, power has

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Speaker 1: been fully restored in the Barrier Island in the US

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Speaker 1: state of Louisiana after it was hit by Hurricane Ida.

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Speaker 1: After the hurricane made landfall in Augus last year, the

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Speaker 1: island was made nearly inaccessible as a result of the

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Speaker 1: storm ravaging the community, but they are back up and

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Speaker 1: running now.

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Speaker 2: I don't believe I've ever heard about or spoken about

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Speaker 2: a sportsperson as much as we have spoken about Novak

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Speaker 2: Djokovic in the last two weeks. But this seems to

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Speaker 2: be the end of the road. Yesterday, Novak Djokovic's application

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Speaker 2: was dismissed in a unanimous decision by the full bench

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Speaker 2: of the Federal Court. This means the decision to use

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Speaker 2: ministerial powers by Immigration Minister Alex Hawk to cancel Djokovic's

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Speaker 2: visa on Friday will stand. There are no more avenues

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Speaker 2: for appeal available to Djokovic and we are expecting him

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Speaker 2: to be deported imminently. This has been an absolute whirlwind

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Speaker 2: of a story. It's been a rollercoaster of yes then no,

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Speaker 2: than yes then no. And luckily we have our in

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Speaker 2: house legal journalist Sam here to take us through what

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Speaker 2: exactly is happening and how we got here before we

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Speaker 2: get to the decision that was made by the courts,

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Speaker 2: and talk me through what the key arguments on both

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Speaker 2: sides were, because they weren't exactly what we were expecting.

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Speaker 1: Just keep in mind, s Arah, that this is going

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Speaker 1: to cost you about six hundred dollars a minute for

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Speaker 1: me to talk, so let's make it snappy. Basically, what

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Speaker 1: we heard from the Immigration Minister's camp is this idea

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Speaker 1: that Djokovic's presence in Australia is going to encourage and

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Speaker 1: foster anti vaccination sentiment resulting in civil unrest. The Immigration

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Speaker 1: Minister used a term of good order grounds, basically keeping

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Speaker 1: the peace in Australia. The lawyers representing the Immigration Minister

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Speaker 1: reflected on Djokovic's well known stance on vaccination. At one point,

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Speaker 1: they even dissected a BBC article from a couple of

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Speaker 1: years ago now looking at how Djokovic was talking about vaccines,

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Speaker 1: and they talked him up as this role model and

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Speaker 1: they said that his presence in Australia would enable the

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Speaker 1: anti vaxx movement.

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Speaker 2: So just to be clear here, the government weren't arguing

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Speaker 2: that Djokovic posed any health risk to the country as

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Speaker 2: an unvaccinated person, but rather his stature as a well

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Speaker 2: known sportsperson who was known to be anti vax that

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Speaker 2: was believed to be the bigger risk to the country.

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Speaker 1: That's right, and that's actually a different argument to how

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Speaker 1: Australian Border Force first framed his rejection of entry into Australia.

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Speaker 1: The Immigration Minister was well within his rights to use

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Speaker 1: this different argument as the case progressed through the different

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Speaker 1: levels of appeal processes and courts, but it's definitely worth

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Speaker 1: noting that it's a totally different set of reasons than

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Speaker 1: when Djokovic first got to Melbourne Airport a week ago.

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Speaker 1: We then had some arguments from Novak Djokovic's lawyers. They

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Speaker 1: basically argue that this entire argument about Djokovic's presence encouraging

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Speaker 1: anti vax sentiment was totally illogical, irrational and unreasonable, and

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Speaker 1: in fact, they argued that deporting Djokovic would actually achieve

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Speaker 1: what the Immigration Minister was trying to avoid, That deporting

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Speaker 1: Djokovic would lead to mass demonstrations and a strengthening of

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Speaker 1: the anti VAXX movement, and that in fact, if the

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Speaker 1: Minister and the government really took this seriously, they would

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Speaker 1: instead keep Djokovic here.

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Speaker 2: Sam. I don't mean to throw you under a bus

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Speaker 2: here and question your legal prowess, But while we were

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Speaker 2: sitting on our Sundays and watching a live YouTube stream,

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Speaker 2: as I hope no one else was you texted our

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Speaker 2: group WhatsApp saying that you believe Djokovic's team would be

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Speaker 2: successful in overturning the decision. Why did you think.

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Speaker 1: That, Well, firstly, I thought that Djokovic's lawyers were really

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Speaker 1: compelling in the way that they were showing the court

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Speaker 1: that if they were to remove Djokovic, the protests are

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Speaker 1: not going to stop. In fact, they will and as

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Speaker 1: we saw last night and were likely to see throughout

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Speaker 1: the next week or so, they will keep going. And

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Speaker 1: Australia's stance on vaccinations now has become a global topic

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Speaker 1: of conversation. So the fact that the Minister of Immigration

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Speaker 1: was riding so heavily on that point made me feel

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Speaker 1: like if Dokovic's lawyers could overturn that argument, then perhaps

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Speaker 1: he had a chance. It turns out I was absolutely wrong,

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Speaker 1: and the court decided in your current day job totally.

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Speaker 1: And the court decided in the unanimous verdict. So that

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Speaker 1: means that there's three judges on the bench, all three

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Speaker 1: of them agreed that Djokovic should be deported. It's worth

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Speaker 1: noting that we didn't actually hear many of the reasons

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Speaker 1: from the court. They basically spoke for a couple of

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Speaker 1: minutes and they said we're going to be delivering written

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Speaker 1: reasons later. But I'd say to kind of help all

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Speaker 1: the journalists and the Tennis Australia organizers get going with

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Speaker 1: plan BS. They needed to get the decision out as

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Speaker 1: quickly as possible. But they'll be interesting to see what

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Speaker 1: those reasons say.

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Speaker 2: We also found out last night that Djokovic's team will

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Speaker 2: be responsible for paying costs for the government. Is that

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Speaker 2: a normal thing to happen.

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Speaker 1: It's pretty standard in these appeals processes, especially when you

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Speaker 1: get a full bench of the Federal Court and the

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Speaker 1: whole thing's a bit of a legal circus that in

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Speaker 1: a unanimous decision, costs a normally awarded and the defense

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Speaker 1: or whoever's lost the case normally has to foot the bill.

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Speaker 1: It's good news for you and Izara. It's because we

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Speaker 1: would be paying the bill for the Immigration Minister's legal

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Speaker 1: team had these costs not be awarded. So you and

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Speaker 1: I get to save a little bit more of our

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Speaker 1: tax money. As for Novak Djokovic, I don't imagine it's

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Speaker 1: going to make too much of a difference to his

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Speaker 1: bottom line. He's won a heap of tournaments, and I

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Speaker 1: don't think he's got many concerns in the bank account,

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Speaker 1: but it's a bit of a slap in the face

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Speaker 1: to foot the bill for the Australian government.

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Speaker 2: Now Djokovic is facing three years that he's not able

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Speaker 2: to re enter the country. Are there any avenues that

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Speaker 2: his team can explore to allow him to compete in

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Speaker 2: future Australian opens or that's just the bottom.

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Speaker 1: Line, There are avenues for him to still come back.

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Speaker 1: It would require a lot more legal work, obviously for

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Speaker 1: Novak Drookvic's camp, but there's a way that you can

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Speaker 1: kind of get the immigration minister to give you permission

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Speaker 1: to come in for a special reason, even though you've

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Speaker 1: been slapped for that three year ban. So I've heard

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Speaker 1: of some cases before where people have been allowed back

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Speaker 1: in for the funeral of a loved one even though

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Speaker 1: they have a three year immigration ban on them. In

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Speaker 1: this case, Novak jo Kovich would be arguing he needs

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Speaker 1: to come back to try and win another title. I'm

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Speaker 1: not sure how that's going to go down, especially because

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Speaker 1: of what we've seen over the last week. It's worth

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Speaker 1: also noting that we could have a new immigration minister

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Speaker 1: by this time next year, so there might be a

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Speaker 1: different set of reasons. But look, if I was a

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Speaker 1: betting man, and I know I haven't hit that much

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Speaker 1: form this weekend, Zara, but I would say that it's

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Speaker 1: unlikely we're going to see Djokovic return to Australia in

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Speaker 1: the next few years.

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Speaker 2: Well, that is the end of the Djokovic story, at

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Speaker 2: least in relation to entering Australia in twenty twenty two.

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Speaker 2: A reminder that there are still some thirty refugees and

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Speaker 2: asylum seekers who remain in the Park Hotel, which is

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Speaker 2: the detention facility that Djokovic briefly visited. Those people have

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Speaker 2: not had expedited trials or ministerial intervention entertained and they

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Speaker 2: continue to be detained by the Australian government. So while

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Speaker 2: we can often get distracted by the stories of famous

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Speaker 2: celebrities and sports stars, there are also ordinary people who

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Speaker 2: continue to face the immigration system in Australia, just in

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Speaker 2: a different fashion.

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Speaker 1: That's all we've got time for with the Novak Djokovic

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Speaker 1: episode of The Daily Oz, but if there's any more developments,

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Speaker 1: will be sure to let you know over on our Instagram.

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Speaker 1: Have a fantastic day a reminder that the Australian Open,

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Speaker 1: remember that thing. It's an actual tournament with people that

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Speaker 1: kicks off today, so enjoy the tennis and we'll speak

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Speaker 1: to you tomorrow