Tennis star Novak Djokovic will be released from immigration detention and won’t be deported after an Australian court overturned his visa cancellation.
After a day of delays and technical glitches, Judge Anthony Kelly read out an agreement by both the government and Djokovic overturning the decision to cancel his visa and ordered the government to pay costs. Djokovic was to be released from detention within 30 minutes of the ruling.
However, while it was a clear win for the tennis player on the initial visa cancellation it’s far from over in terms of whether Djokovic can play at the Australian Open.
It was found in the original visa application that Djokovic wasn’t given the appropriate time to consult his legal team.
But there could yet be another twist in the case that has captured global attention.
Christopher Tran for the Minister said the government would comply with the orders but a personal power of cancellation was being considered.
Judge Kelly said if the government, through another minister, exercised a personal power to cancel the visa, Djokovic would not be permitted to return to Australia for three years.
He demanded that if the government decided to enact the powers that they have threatened, the court was entitled to be informed.
Djokovic arrived in Australia late on Wednesday after declaring he had a medical reason not to get vaccinated against COVID-19.
But he was taken to immigration detention after having his visa cancelled early on Thursday morning.
Djokovic challenged that decision in a hearing before Judge Kelly, which was plagued by technical issues, with live streams collapsing under the pressure of tens of thousands of people trying to watch.
He was present with his lawyers for the hearing.
Monday’s outcome will come as huge relief for Djokovic’s legions of fans, including his family in Belgrade who have been staging daily rallies in the Serbian capital since their son’s ordeal began.
The saga has divided the tennis world and had left Djokovic’s quest for an unprecedented 21st men’s major this month at Melbourne Park in turmoil.
Andy Murray declared the whole episode “really bad” for tennis.
Murray, who has lost four Open finals to Djokovic, was left quite dismayed by the events of the past five days.
“I think everyone is shocked by it to be honest,” the former world No.1 told reporters.
“It’s really not good for tennis at all, and I don’t think it’s good for anyone involved. I think it’s really bad.
“Some stuff has come out that really doesn’t look good, either. I want to hear all the facts first before giving all of my thoughts on it.”
Murray’s thoughts had been echoed by other tennis stars including Australia’s most high-profile men’s player Nick Kyrgios, who said: “I’m feeling for him now. Like it’s not really humane, is it, what’s going on?”
The Minister for Home Affairs could still use personal power to cancel the visa and Djokovic could still face the possibility of being banned for three years if that happened.
With AAP
Craig
Guest
How did he meet the requirements non vax aren’t allowed in Australia even the government told ta that but somehow he got an exemption from the vic government not fed gov.. I’m double vaxxed plus booster shot in London from Australia can’t get home but he can stay un vaxxed ppl from other countries have u been locked down 7 times bc of ppl breaking the rules no so Novak piss off go home get vaxxed come back next year
Choppy Zezers
Roar Rookie
This lunatic minority are well known amongst academics as, "Blitzers". Blitzer Something which has a bad effect on a person or thing. "Did you hear that lunatic anti-vax Blitzer? He was sprouting how we should drink our own wee to increase our immunity. I'd rather drink tea. Lousy Blitzer." (Also see: Carney, Todd)
Paulo
Roar Rookie
@ Chris “No where does it state when he was notified of that positive result.” “Happy to be corrected” Yea, nah mate, you need to give this up. Court documents pretty clearly show he knew. You’re on the losing side here bro. https://www.google.co.nz/amp/s/www.foxsports.com.au/tennis/australian-open/djokovic-family-walk-out-of-press-conference-after-alarming-question/news-story/7c18532918e0be63d50fac42997d7aa6 To save you having to read it… “Court documents released after the hearing reveal the 20-time grand slam champion was swabbed at 1.05pm on December 16 and received a positive result at 8.19pm.“
Chris Love
Roar Guru
Yep that’s a clearly different case and exactly why that last line of defence is there. Those people though are clearly lying on their tourist visa application. And or heave forged some sort of document to show they have cash when they don’t. In this case, ABF haven’t suggested he’s lied on his application for a visa. He’s clearly here to play the open. He’s clearly been granted a visa on valid documents. Those ABF personnel could have stopped him from boarding that plane. They chose not to. At the point he landed, if he was not somehow deemed a security risk, or was a dodgy brother intending to claim asylum then they should have let him pass.
Chris Love
Roar Guru
JGK’s comment: “But there is now further evidence that he is the sort of person who will still going into the community despite knowing he has Covid.” This is what I was asking evidence for. You started banging on about completely different people breaking the rules. I thought it didn’t need mentioning that every man and his dog understands that doing that knowing you’re positive is An offence in Australia. But some are slow around here. Still my question hasn’t been answered. There’s some journos running around making accusations based off some photos but zero that I’ve seen suggest he was aware of that positive test when he went to the event. Happy to be corrected.
Chris Love
Roar Guru
@ Paulo link 1. “ It is not clear if he knew he had Covid when the earlier pictures were taken.” Link 2. “ But public outcry has once again started in light of pictures that showed Djokovic maskless at a public event, posted to his Twitter profile on December 17, one day after his supposed positive test. “ Link 3: “I t is unclear if 16 December was the date Djokovic had his PCR test or if it was the day he got his results back, but serious questions are being raised about Djokovic's behaviour during the days around when he tested positive” Generally your lab test result refer to the date and time your swab was taken. So he had a swab on Dec 16. No where does it state when he was notified of that positive result. As it’s stated elsewhere that he was symptom free. Unless here’s some new information he knew he was positive on the 17th at the event then there’s nothing concrete he was aware he had he virus. Do any of the other 100 links show that because nothing I’ve read suggest he was aware he was positive when he was out and about.
WINSTON
Roar Rookie
You have my sympathy Chris, trying to be reasonable with so many subjectively blind Australians. I am dumbfounded by the responses to your patient logical explanations. Novax met the criteria, was granted a visa and was then blocked by some total over reach. PS I am vaxed, so this is not about anti vax, just pure logic, let the man play tennis. He complied fully with the terms of a medical exemption as authorised by Australian authorities
no one in particular
Roar Guru
the vaccine drive isn't that successful. Our rates are behind Malta, Cambodia, Cuba, Chile amongst many others. Considering nearly 2/3 or our population live in 5 metropolitan cities the rollout has been pretty poor Scott Morrison has shown himself to be a poor mans Boris Johnson But it seems as though the federal govt was willing to bend the rules to ban him, while TA was willing to bend the rules to get him in
Son of Coco
Guest
Are you feigning stupidity, Chris? Seriously? Whatever the context of your question - it has been answered by multiple people now.
13th Man
Roar Rookie
Novak isn't in that boat. He is an elite athlete, not an immuno compromised person with severe vaccine risk. The loophole he got in using is a ridiculous one and to be honest a real grey area that needs to be shut, recent covid is no excuse not to get vaccinated.
James584
Roar Rookie
True. I have heard that is why he met with his lawyers again late last night. The gov won’t say ‘We will deport you if you do not go voluntarily’. (Too much like blackmail) They will say ‘If you go voluntarily the Minister will have no reason to use the power to cancel your visa’ (hint, hint). He may have already said ‘I am not leaving’. We won’t hear about that unless the Minister cancels his visa because to tell the media he has called their bluff would invite the cancellation, almost leave the Minister with no choice but to do it. They will stay quiet and wait. But if the Minister does cancel it, we will hear all about it.
Reg Grundy
Guest
Not all airlines are the same with their doubled jabbed travel policy. Emirates allows the great unwashed to travel, unlike Qantas. What is confusing is why Novax isn't being forced to undergo 14 days hotel quarantine, if he's unvaxxed? Is he deemed not to be a health risk now, due to the rising cases in Oz? There has been too many chiefs and not enough Indians with Cwth, Victorian Govt and TA in dealing with this sorry saga. Can the other players who got barred now be allowed into Oz. I read that the French will create a special bubble for the unvaxxers for the French Open, so much for Macron's tough talk in p*ssing them off! The question now has to be asked will the Minister now cancel Novax's visa, but only give him a 12 month instead of 3 year ban for entry into Oz?
Sydneysider
Guest
Goodness me, what a debacle this whole matter is. Craig Tiley and Tennis Australia are just like Cricket Australia, only care about money. Seems that without Djokovic, the tournament would be losing millions.
Sydneysider
Guest
Now that the decision has been handed down, for those who don't care for tennis or Djokovic, they will ignore the tournament as per usual. There are plenty who don't follow tennis or watch the Australian Open. The ones that care about this decision are mostly people with vested interests eg. Melbourne's international sporting status, tennis fans, Djokovic fans, Serbian fans etc.... The boycott will be big these next couple of weeks.
Republican
Guest
......I can think of more vital reasons to be ashamed as an Australian right now, than this trite imbroglio.
sheek
Roar Guru
Yeah James, Not much of this makes sense at all. Djoker went to court for being mistreated & not given enough fair justice first time around. But he can still be booted out of country. Heck, things are slow & I'm enjoying our pollies & bureaucrats making gooses of themselves. It's going to be difficult for anyone to take ScoMo, the liar from the shire, seriously from here on. Or any federal or state premier or bureaucrat, trying to tell us that black is actually blue. Meanwhile, back to the tennis, does anyone seriously think the outraged (fairly or not) are going to take this lying down? I expect this AO will be massively interrupted by heckling, even fighting in the stands. To what extent, we'll find out sitting in living room armchairs.
Republican
Guest
........to be sure Sheek. Vested interest on JA's part and exposes his double standard. I reckon there's been much spade work on the part of Tennis Australia in collaboration with state govt to realise Djokers entry to Australia. That said, Scomo has potentially identified this as a gift of expedience, to divert and consolidate the Coalitions position as they get into campaign mode, appropriated from the John Winston text book of populist wedge politicking.
Republican
Guest
Im interested to know whether the criteria that affords an elite athlete of Dokovic's financial currency has been engineered by Tennis Australia and respective Govts? The abuse of power by 'sporting' bodies today is palpable. Have ordinary citizens for eg been allowed to enter Australia under this Docokic criteria, which says that contracting Covid is as good as being vaccinated? While I don't see Dokovic presenting as a serious health concern given the 'let it rip' approach presently unfolding in Australia, this does not change what is an acute double standard in regard to elite sporting events and respective 'athletes' exposed throughout the pandemic, certainly in Australia. In that context 'principle' is relevant to any final decision, remembering that Dokovic has been overtly undermining of Covid from the outset unlike many of his elite cohort.
Joe
Roar Rookie
That's weird...I just wrote him two days ago as he is my rep MP telling him what a joke I thought the gov was in doing this to the Djoker. Maybe we already were on the same page. I'll have to retract.
Adam
Roar Guru
He got covid after the 10th which was meant to be the cutoff time for exemptions through TA. I guess everyone is at fault at least partially and really proves that money talks