Djokovic freed: Australian court rules in favour of tennis star as government ponders ministerial powers to deport him

News Express |10th Jan 2022 | 683

Victorious tennis star Novak Djokovic PHOTO: AFP

An Australian court has ruled in favour of Serbian tennis superstar Novak Djokovic, saving him from deportation and potentially allowing him to defend his Australian Open title in Melbourne.

The 34-year-old, 20-time grand slam champion won his appeal on Monday against deportation from Australia, after border officials last week said his medical exemption was not valid and he was detained at Melbourne airport.

Djokovic had spent four nights in a detention hotel after the self-proclaimed anti-vaxxer found sympathy from federal Judge Anthony Kelly, who early in the hearing asked: “What more could this man have done?” It was also ruled Australia’s Border Force’s treatment of the player was “unreasonable”.

While it was a bitter defeat for the Australian government, it may not be the end of the saga. Government lawyer Chris Tran was reported to have said Australia’s immigration minister has discretionary powers to cancel Djokovic’s visa again.

Judge Kelly of Federal Circuit Court reads out a joint minute, including:

- Decision to cancel#Djokovic's visa quashed by Court.

- Djokovic to be released and have his passport returned.

- Border Force's treatment of Djokovic at Mel Airport was unreasonable.

Judge Kelly said if that happened, Djokovic could be banned from entering Australia for three years.

Djokovic’s visa was revokedand he was moved to a notorious immigration detention facility pending deportation last week upon arriving in Melbourne. In an emergency online court hearing, Kelly listened to extended legal wrangling about the process, before jumping to the 34-year-old’s defence.

Declaring himself “somewhat agitated”, Kelly said Djokovic had provided evidence from “a professor and an eminently qualified physician” about a medical exemption. “What more could this man have done?” the judge demanded.

Proceedings were repeatedly delayed as the court’s online system crashed under a surge of worldwide interest. Anti-vaccine activists shared a link to the live-stream and defied a court order by broadcasting proceedings live on YouTube. Eventually, the judge pressed ahead without a public live-stream, and Djokovic’s team of top-flight lawyers made his case.

Djokovic secured an injunction against immediate deportation on Thursday and spent the weekend at the detention hotel.

Ahead of the Australian Open, Djokovic arrived in the country with what he insisted were the correct documents. Yet Australian Border Force officials cancelled his visa application, stating Djokovic had “failed to provide appropriate evidence to meet the entry requirements to Australia”.

Lawyers for the 34-year-old have since stated the Serbian was granted a temporary activity visa on November 18. Djokovic’s legal team said he was granted a medical exemption for the first grand slam of the year after a Covid-19 positive test on December 16, and that he was later given the go-ahead by Australia’s Department of Home Affairs to travel.

However, lawyers for the federal government submitted their own court filing on Sunday, disputing Djokovic’s right to come to Australia.

“There is no suggestion that the applicant had ‘acute major medical illness’ in December 2021,” said the government filing. “All he has said is that he tested positive for Covid-19. This is not the same.”

The government document also stated that, should the hearing ruling go in Djokovic’s favour, it must be expressly stated that he could not be re-detained or have his visa cancelled once again. Otherwise, he could be denied entry to the country once more.

The issue has become a political hot topic in Australia, with Djokovic’s stance on Covid-19 matters rankling with many, particularly in the state of Victoria, who have faced hard lockdowns during the pandemic.

The case was listed as Novak Djokovic v Minister for Home Affairs. That minister is Karen Andrews; however, the matter has been one in which prime minister Scott Morrison has also become a central figure, insisting when Djokovic’s visa was revoked: “Rules are rules, especially when it comes to our borders. No one is above these rules.”

Djokovic has declined to confirm his vaccination status, but by requiring an exemption to compete at Melbourne Park it has been widely assumed he has not been jabbed. The government filing on Sunday stated it was “common ground that the applicant is unvaccinated”.

Judge Kelly previously turned down a government request to delay the hearing by two days until Wednesday. Australian Open tournament director Craig Tiley said ahead of the hearing that he hoped Djokovic would be cleared to play. (AFP)