The decision to cancel Novak Djokovic’s Australian visa has been cancelled following a lengthy court hearing that took place in Melbourne on Monday.
Judge Anthony Kelly has ruled that the tennis star must be released from the quarantine hotel where he has been staying with immediate effect. The Serbian was taken to the Park Hotel, which is a immigration facility, shortly after the Australian Border Force (ABF) concluded that he failed to provide enough evidence in his visa application. Now the Australian Home Affairs ministry, who Djokovic took to court, has been ordered to pay his costs.
During the court hearing, which lasted most of the day, Judge Kelly questioned what more Djokovic could have done in his visa application. The 20-time Grand Slam champion entered the country with a medical exemption in order to play the Australian Open. He is not vaccinated against COVID-19 but had contracted the virus over the past six months (took a PCR test on December 16th). His exemption was obtained via two independent medical panels working in accordance with the Victorian state government. However, the federal authorities and national government argued that being unvaccinated is not a suitable reason to enter Australia.
“Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption,” Judge Kelly said.
“Further to that, that medical exemption and the basis on which it was given was separately given by a further independent expert specialist panel established by the Victorian state government and that document was in the hands of the delegate.”
It was concluded by the judge that border control didn’t give Djokovic enough time to respond after notifying him of their intent to not grant him a visa. He was unable to contact his agent or legal representation.
Djokovic is now free to go around Australia as he likes as he prepares for the Australian Open which will begin a week today. However, there could still be a further twist in the case. Under national law, the government is within their right to cancel Djokovic’s visa once again.
Christopher Tan is the lawyer acting on behalf of the government. He has said that Immigration Minister Alex Hawke could now consider whether to exercise ministerial intervention and re-cancel the visa.
Should Hawke exercise this right, it will also result in Djokovic being banned from entering the country for three years.
