COURT DECISION
Judge says Djokovic can stay in Australia but saga not over
MELBOURNE, Australia — Novak Djokovic returned to the tennis court Monday for training, having won a legal battle to stay in Australia to play in the Australian Open after his exemption from strict coronavirus vaccine rules was questioned. But the government is still threatening to cancel his visa and deport him.
The unvaccinated tennis star was released after being confined to an immigration hotel for four nights — a drama that has gripped many in Australia and beyond.
Federal Circuit Court Judge Anthony Kelly reinstated Djokovic’s visa, which was pulled after his arrival last week because officials said he didn’t qualify for an exemption to a rule that all non-citizens be fully vaccinated. Djokovic’s lawyers say that since he recently recovered from COVID-19, he didn’t need to be inoculated.
The judge ruled the No. 1 player had not been given enough time to speak to his lawyers before the decision was made and ordered the government to release him from the Melbourne quarantine hotel where he was held.
But government lawyer Christopher Tran told the judge that the immigration minister “will consider whether to exercise a personal power of cancellation.”
That would mean that the ninetime Australian Open winner and defending champion could again face deportation and could miss the tournament, which starts on Jan. 17. It could also bar him from the country for three years.
Late Monday night, Djokovic tweeted out a photo that showed him and his team standing on one of the main show courts of the tournament. He was already back to training, his brother told reporters in Serbia.
“I’m pleased and grateful that the Judge overturned my visa cancellation. Despite all that has happened, I want to stay and try to compete @AustralianOpen,” Djokovic said in the post.
The back and forth has caused a furor in Australia, where many initially decried the news that Djokovic, who has been a vocal skeptic of vaccines, had received an exemption to strict rules to compete in Melbourne. Many felt the star, who court documents say is not inoculated, was being given special treatment since Australians who aren’t vaccinated face tough travel and quarantine restrictions.
But when border police then blocked the 34-year-old on arrival, others cried foul, saying he was being scapegoated by an Australian government facing criticism for its recent handling of the pandemic.
The tennis star’s brother, Djordje Djokovic, told television network Prva in Belgrade, Serbia: “This is definitely politics, all this was politics.”
Rafael Nadal called the controversy “a circus” and said he supported the decision allowing his rival to play in Melbourne.