Novak Djokovic wins court battle to stay in Australia

Bengaluru, January 10: Men's world No.1 player Novak Djokovic has been handed an Australian Open lifeline by a Melbourne court on Monday (January10) which termed the government's decision to revoke the tennis star's visa to enter the country as unreasonable.

The Serbian ace secured his freedom, defeating a deportation order brought by Australia's government.

Judge Anthony Kelly ordered Djokovic be freed within 30 minutes and his passport and other personal documents returned to him, rekindling the world No.1's bid to win a record 21st Grand Slam title at the upcoming Australian Open.

The 34-year-old secured an injunction against immediate deportation on January 6 and spent the weekend at a detention hotel.

Kelly, who earlier in proceedings had criticised the hours-long questioning of Djokovic at Melbourne's airport when he landed said both the interview and the visa cancellation was unreasonable.

Djokovic was not given enough time to speak to tennis organisers and lawyers to respond fully after he was notified of the intent to cancel his visa, the judge said.

Lawyers for the federal government told the court the country's immigration minister was reserving the right to exercise his personal power to again revoke Djokovic's visa.

After confirming that such a step, if taken, would bar Djokovic from the country for three years, Kelly warned the government lawyers that "the stakes have now risen, rather than receded."

Lawyers for the federal government told the court the country's immigration minister was reserving the right to exercise his personal power to again revoke Djokovic's visa.

After confirming that such a step, if taken, would bar Djokovic from the country for three years, Kelly warned the government lawyers that "the stakes have now risen, rather than receded."

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 stated the Serbian was granted a temporary activity visa on November 18. The 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 was later given the go-ahead by Australia's Department of Home Affairs to travel.

However, lawyers for the government issued their own court filing on Sunday (Janaury 9) 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 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 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".

Djokovic's plight has been closely followed around the world, creating political tensions between Belgrade and Canberra and sparking heated debate over national vaccination mandates.

Djokovic has been held in an immigration detention hotel alongside long-term asylum seeker detainees. He was at his lawyers' chambers on Monday to hear the ruling, which included the government being ordered to pay his costs.

His lawyers argued that a recent COVID-19 infection qualified Djokovic for the medical exemption from a requirement for non-Australian citizens entering the country to be double vaccinated.

The Australian government, however, had argued non-citizens had no right of guaranteed entry to Australia and questioned his claimed exemption.

The Australian Open 2022, the season's first Grand Slam begins on January 17. Djokovic has won the title a record nine times in Melbourne.

(With inputs from OPTA/other Agencies)