Djokovic wins Australian visa case, set to play Open
World number one Novak Djokovic won a stunning victory over the Australian government on Monday (Jan 10), overturning the cancellation of his visa on COVID-19 health grounds, and ending his detention.
It was an extraordinary setback for the government, which has imposed strict restrictions on its borders for the past two years to stop the spread of the coronavirus.
In an emergency online court hearing, the judge ordered that the decision to cancel Djokovic’s visa “be quashed”.
The judge ordered that the unvaccinated tennis superstar “be released immediately and forthwith from immigration detention”.
Australian taxpayers will be asked to pay costs for Djokovic’s high-powered legal team.
“Novak, Novak, Novak,” chanted dozens of fans of the nine-time Australian Open champion as they marched in celebration, drums banging, outside Melbourne’s federal courthouse.
The 34-year-old Djokovic had arrived in Melbourne on Jan 5 ahead of the Australian Open, which starts on Monday (Jan 17), hoping to win a record-breaking 21st Grand Slam title.
But even as he savours an extraordinary win in the federal court, his tournament dream may yet be out of reach.
The government’s lawyer told the court that Immigration Minister Alex Hawke may decide to use his “personal power of cancellation” despite
the player’s legal victory.
After touching down in Australia, Djokovic was taken into an overnight interview with border agents, who decided the champion had failed to present a solid medical reason for not being jabbed.
Djokovic’s visa was revoked and he was moved to a notorious immigration detention facility pending deportation.
He spent four nights in the former Park Hotel, a five-storey facility that holds about 32 migrants trapped in Australia’s hardline immigration system – some for years on end.
An early plea by Djokovic to be moved to a facility where he can train for the Australian
Open had fallen on deaf ears, his lawyers said.
The court’s finding, read out in an online hearing, said the player was not given the chance to reply fully before his visa was torn up.
In the early hours of Jan 6, Djokovic was told he had until 8:30am to reply to the proposed cancellation of his visa. But instead, the border agent cancelled it at 7:42am.
Had Djokovic been given until 8:30am as first promised,
“he could have consulted others and made submissions to the delegate about why his visa should not be cancelled,” the judge said.
Though it had no bearing on his court case, Djokovic’s claim of a positive test on Dec 16 stirred controversy after he was pictured at a young players’ event the following day where no one was wearing a mask.