Novak wins court battle
NOVAK Djokovic was dramatically freed from immigration detention last night after a court slammed his “unreasonable” visa cancellation, but a red-faced federal government sensationally flagged another attempt to deport him.
Federal Circuit Court judge Anthony Kelly ordered the world No.1 tennis star’s “immediate release” at 5.16pm on Monday after the government capitulated in the visa dispute, as millions of people around the globe watched on.
Djokovic, 34, was holed up in his lawyers’ Collins St offices in the Rialto Tower last night being closely guarded by police. His bid to win a recordbreaking 21st grand slam is looking stronger than ever.
But the federal government was still considering whether Immigration Minister Alex Hawke should seek to enact a personal power to re-detain and deport the Serbian star, which could result in him being banned from Australia for three years.
The government was locked in discussion with Djokovic last night, sources said. Authorities were still urging him to leave despite the fact he had won the case.
If he did not, sources said the government was threatening to detain him again, cancel his reinstated visa, fight another case if he appealed and seek to ban him from returning for three years.
Djokovic was said to be determined to fight.
Judge Kelly said Djokovic’s personal and professional reputation and economic interests “may be affected by the government’s conduct”.
“If this man is to be summarily removed upon a personal exercise of cancellation power he cannot return to this country for three years,” Judge Kelly said.
Lawyer for the Minister Christopher Tran agreed.
A government source later claimed a three-year ban would “not be automatic, rather it is dealt with case-by-case”. Judge Kelly said he received “no notice” of the government’s intention to continue fighting the case, and that it would be “extraordinarily difficult” for a renewed application to be heard in court before Monday.
Djokovic was granted leave from his Carlton detention hotel on Monday to be with his lawyers at Hall & Wilcox as Judge Kelly overturned border force’s decision to cancel his visa on Thursday.
Judge Kelly ordered the government pay Djokovic’s costs and any reserve costs, return his passport and release him immediately from immigration detention no later than 5.46pm.