NOVAK DJOKOVIC HAS SUCCESSFULLY CHALLENGED an order issued last week that had revoked his entry visa into Australia, with Federal Circuit Court Judge Anthony Kelly ordering the immediate release of the tennis World No.1 from detention.
The Australian government has also been ordered to cover all costs related to the appeal.
Clear proof (if proof were needed) that the whole sorry saga is intrinsically tied in to local politics was provided by government counsel Christopher Tran, who told the court: “I’m instructed (immigration minister Alex Hawke) will consider whether to exercise a personal power of cancellation.”
Judge Kelly responded making clear in no uncertain terms that if the government does consider this line of action, Djokovic must be given ample notice to prepare for future proceedings.
The court’s finding, read out in an online hearing, recalled that Djokovic was interviewed overnight at Melbourne airport after his arrival late on Wednesday night.
The 34-year-old Serbian superstar has been in detention since he flew into Melbourne ahead of his defence of his Australian Open title.
The Australian government acknowledged in court that Djokovic was not given enough time to respond following the notification to cancel his visa, the BBC reports.
The player was told he would have until 08:30 local time last Thursday to make comments about the visa cancellation under section 116 of the Australian Migration Act, but the Border Force made the final decision shortly after 07:40.
The BBC quotes the judge as having ruled that Djokovic could have had more time to make a submission about why his visa should not be withdrawn if authorities had stuck to the original time.
“We all play by the same rules,” Judge Kelly said. “Stated in other terms: those rules were not observed.”
The trial began on Monday morning after delays caused by technical issues with a live stream of proceedings.
Lawyers for Djokovic argued that the 20-time Grand Slam winner entered the country on the understanding that his exemption from restrictions requiring travellers to be fully vaccinated against Covid-19 was valid.
Nick Wood told the court that the exemption had been granted to the player by two separate medical boards following a recent coronavirus infection and that he had presented all the necessary medical evidence to officials.
“He had done absolutely everything. He had engaged with everything that was required of him by Tennis Australia,” Wood said.
Judge Kelly appeared to agree with Wood’s argument and told government lawyers that he felt “agitated” by what he had heard so far.
“What more could this man have done?” he asked.
Djokovic’s lawyers have also argued that his treatment by Australian Border Force officers after his arrival was “manifestly unjust”.
After being approached by officials at the airport, he asked to wait until the morning to hear from his team before deciding whether to leave the country. This was initially agreed to by officials.
He then went to sleep, but was woken up around 06:00 by officers who allegedly pressured him to respond “because it was better for him if they made the decision right away”.
Tran argued that Djokovic’s recent Covid infection did not qualify him for an exemption from travel rules, and denied there was any unfairness or unreasonableness in the decision.
Though Djokovic has not spoken publicly about his vaccination status, in his interview with border officials he confirmed he is not vaccinated.
He told the interviewer that he tested positive for Covid twice – in June 2020 and on 16 December 2021. Copies of his positive PCR tests were provided to the interviewer – one was issued on the 16 December 2021, a day before Djokovic appeared at public events without a mask.
