Judge says Djokovic can stay in Australia

Immigration minister could still cancel star’s visa.

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 noncitizens 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 the immigration minister “will consider whether to exercise a personal power of cancellation.”

That would mean that the nine-time Australian Open winner and defending champion could again face deportation and could miss the tournament, which starts Monday.

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.

“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,” 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. But when border police then blocked the 34-year-old on arrival, others cried foul, saying he was being scapegoated by a government facing criticism for its recent handling of the pandemic. Prime Minister Scott Morrison’s government is seeking re-election for a fourth term in May.

At Monday’s court hearing, Djokovic’s lawyers argued their client did not need proof of vaccination because he had evidence that he had been infected with the coronavirus last month. Australian medical authorities have ruled that people who have been infected with COVID19 within six months can receive a temporary exemption to the vaccination rule.

Judge Kelly noted that Djokovic had provided officials at Melbourne’s airport with a medical exemption given him by Tennis Australia and two medical panels. “The point I’m somewhat agitated about is what more could this man have done?” Kelly asked Djokovic’s lawyer, Nick Wood.

Wood agreed that his client could not have done more, noting that transcripts of Djokovic’s interview with Border Force officials and his own affidavit revealed that he repeatedly told officers he had done everything he thought was required of him.

Lawyers for Home Affairs Minister Andrews said in their submission that the vaccination exemption could only be granted for travelers who had recovered from a serious bout of COVID-19.

“There is no suggestion that the applicant (Djokovic) had ‘acute major medical illness’ in December” when he tested positive, the written submission said.

But in the end, the government lawyers conceded that the decision to proceed with interviewing Djokovic in the early hours of Thursday and cancel his visa before he could contact Tennis Australia or his lawyers was unreasonable.

Djokovic was told at 5:20 a.m. on Thursday that he had until 8:30 a.m. to respond to a notice of intention to cancel his visa. His comments were sought instead at 6:14 a.m. The decision to cancel his visa was made just over an hour later.

Minister Andrews did not immediately responded to a request for comment. But a spokesperson for Alex Hawke, minister for immigration, citizenship, migrant services and multicultural affairs, acknowledged the court’s decision, adding the minister’s personal discretion remains in play.

“The minister is currently considering the matter and the process remains ongoing,” the spokesman said.