Novak Djokovic Wins Case Against Visa Cancellation But Government Threatens To Kick Him Out Again

Novak Djokovic faces Federal Court in Melbourne on Monday in a bid to have the cancellation of his visa overturned ahead of the Australian Open.

Djokovic’s lawyers will be up against the Department for Home Affairs in a fight to have the Serbian star remain in the country after having a medical exemption revoked by border authorities last week.

The tennis champion has since been holed up in a quarantine hotel while the finer details of his court hearing were being finalised, with hundreds of fans protesting outside over the course of the weekend.

If he’s allowed to remain in the country, Djokovic is chasing a ninth Australian Open title and the chance to become the first player ever to win 21 grand slams.

The court hearing will commence at 10am (AEST) and you can tune in live here.

DJOKOVIC COURT HEARING LIVE UPDATES

5:22pm – TWIST – Government counsel Andrew Tran says that despite the verdict that a personal power to again cancel Djokovic’s visa could be used by the Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs.

5:20pm – DECISION – Judge Anthony Kelly has quashed the decision to cancel Novak Djokovic’s visa and the government has been ordered to pay costs.

Djokovic will be released in 30 minutes with his passport and personal items.

5:15pm – The hearing has resumed. Djokovic has been confirmed to be in the room with his lawyers.

There is over 15,000 people watching the You Tube link.

4:46pm – We are still waiting for the hearing resume. There has been nothing except a motion to adjourn since 2:00pm (AEDT).

3:54pm – And we have been adjourned again. Djokovic’s injunction was due to expire at 4:00pm. it has now been extended until 8:00pm.

I’m unsure of what time the hearing will resume.

3:23pm – The hearing resume time has been pushed back to 3:45pm (AEDT).

3:02pm – You can watch the Djokovic hearing LIVE on You Tube. It will recommence in around 10 minutes.

2:00pm – The court hearing has been adjourned for lunch until 3:15pm (AEDT).

Before the break, Tran outlined his response to Djokovic’s arguments, which will occur after lunch.

He says he will show that Djokovic made a response after he was told his visa would be cancelled.

He will explain how the process was fair to the Serbian.

Most of the submission will be discussing the procedure following Djokovic being informed of his visa cancellation.

1:40pm – Judge Anthony Kelly responds to Tran’s suggestion that it cannot be found that Djokovic was pressured by Border Force officials.

Kelly says that he would be “most reluctant on the available evidence” to find that Border Force officials deliberately pressured Djokovic, but it doesn’t “kill the point’ that the tennis star felt pressure.

Kelly says that pressure would have been felt by Djokovic during his eight hours in the interview room with delegates coming in and out of the room regularly.

1:33pm – Djokovic’s lawyers have finished their submission to the hearing – proposing that the Serbian be released immediately from detention if they win the case.

Federal Government counsel Christopher Tran will now speak for about 30 minutes before a break is scheduled in the hearing.

1:25pm – The interview between Djokovic and Border Force officials is being analysed.

Djokovic had his visa cancelled at 7:29am and was informed of the decision at 7:42am. He asked for the decision to be waived until at least 8:30am so he could talk the issue over with his advisers.

The government made their decision on Djokovic’s visa with the information they had received up until 7:29am.

The main discussion is currently over whether Djokovic had enough time to respond to the Border Force decision.

1:18pm – Djokovic is being allowed to view his hearing away from the Park Hotel, where has been held in detention, an order from the federal court says. It reads that Djokovic must be brought to hearing premises by government official “as specified by the applicant’s solicitors on Monday, 10 January 2022 … to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing”.

It is not known where Djokovic will be watching the hearing from.

11:50am – And we’re out again… it seems as though the video stream has crashed once more.

11:45am – Wood informs the court Djokovic was denied access to a lawyer by border officials, who said “there was nothing else anyone could do to possibly assist him” in that moment and that he’d have to wait to speak with a lawyer.

11:39:am – The Department of Home Affairs acknowledged a typo in cancellation documents, stating it was “unfortunate but immaterial”. But Djokovic’s lawyer said that made the notice “defective”.

11:36am – Wood argues to the judge Djokovic had done “absolutely everything” he thought was required of him to enter the country, based on the information given to him by Tennis Australia and the state and federal government.

Judge Kelly seems to agree with that statement.

11:21am – Wood tells the judge Australia’s Biosecurity Act does not require overseas entrants to submit evidence of medical contraindication but Djokovic till provided it.

Also states that not only did Djokovic provide what he felt were the necessary documentation on arrival, he also did so before boarding his flight from Belgrade, giving Australian border authorities enough time to deny his visa.

11:06am – Djokovic’s lawyer, Nicholas Wood, SC, has started this hearing by arguing that all the documentation provided by the government via Tennis Australia was “confusing” and can’t possibly offer grounds for his client’s visa to be cancelled.

11:00am – The court hearing has commenced but it seems there’s plenty of external interest as there are some technical faults with the live stream. Sit tight.

WHAT IS THE SITUATION?

Djokjovic was detained upon his arrival Down Under this week after his visa was cancelled due to his medical exemption not meeting national standards.

The World No. 1 has not been vaccinated against COVID-19 but court documents on Saturday revealed he tested positive for the virus on December 16.

His lawyers claim this then allowed for a medical exemption to be granted under the Australian Technical Advisory Group on Immunisation (ATAGI) guidelines by both Tennis Australia and the Victoria State government on December 30.

Medical exemptions from Tennis Australia, however, seemingly needed to be submitted before December 10 and the ground for an exemption was also reportedly changed at late notice.

A Tennis Australia directive that incorrectly informed players they’d be free to enter the country without vaccination if they’d contracted COVID-19 in the last six months could work into Djokovic’s favour in his bid to avoid being sent home.

Although lawyers representing the Department for Home Affairs will argue Djokovic did not meet vaccination exemption rules and relied on outdated advice.

According to many reports, Home Affairs Minister Karen Andrews tried to delay Novak Djokovic’s case until Wednesday.

PLAYERS REACT TO DJOKOVIC SAGA

Several players have shared their thoughts on the Djokovic situation.

Fellow 20-time grand slam champion Rafael Nadal said Djokovic knew the consequences of not being vaccinated against COVID-19 before flying Down Under.

“If you don’t want to get the vaccine, you’re going to have some troubles,” Nadal said.

“I think if he wanted, he would be playing here in Australia [at the Australian Open] without a problem.

“He made his own decisions, and everybody is free to take their own decisions, but then there are some consequences.”

Australian No. 1 Alex De Minaur was also suspicious when it was announced Tennis Australia had granted Djokovic a medical exemption.

“Look, I just think it’s very interesting – that’s all I’m going to say. But, hey, it is what it is.

“I just hope that the other players – I heard there were other cases as well (who) got exemptions – all fit the criteria.”

Despite being Djokovic’s primary detractor in the past, surprisingly Nick Kyrgios spoke out against how the Serb has been treated.

“Look I definitely believe in taking action, I got vaccinated because of others and for my mum’s health,” Kyrgios wrote on Twitter.

“But how we are handling Novak’s situation is bad, really bad.

“Like these memes, headlines, this is one of our great champions but at the end of the day, he is human. Do better.”