ABC
Novak Djokovic can remain in the country to play in the Australian Open, the Federal Circuit Court has ruled.
Key points:
- A Federal Circuit judge has ruled that the world’s number one tennis player Novak Djokovic’s detention was invalid
- The judge asked “what more” Mr Djokovic could have done beyond obtaining an exemption from medical experts
- A lawyer for the Minister for Immigration and Citizenship told the judge that Mr Djokovic’s visa might still be cancelled
Judge Anthony Kelly quashed the cancellation of Mr Djokovic’s visa and ordered he be released from Immigration detention and have his passport returned to him.
The federal government will be responsible for paying his legal costs.
Mr Djokovic was detained at Melbourne airport last week by Australian Border Force (ABF) officers after he flew in from Dubai on a late-night flight ahead of his Australian Open title defence.
Tennis Australia and the Victorian government had earlier — after what they said was a rigorous, independent medical review process — granted him an exemption from being vaccinated before competing, on the grounds that he had recently had COVID-19.
In its submission to the court, the federal government argued that Mr Djokovic should not be exempt from vaccination requirements for international travellers
However, in his ruling, Judge Kelly noted the government had conceded Border Force’s decision to interview Mr Djokovic and subsequently cancel his visa was unreasonable in the circumstances.
That happened after Mr Djokovic was told he would be given additional time to respond to the notice of visa cancellation.
Mr Djokovic had repeatedly asked ABF officers, over the course of several hours of interviews, that he be given until 8:30am the next day to respond to the notice, giving him time to consult his lawyers and Tennis Australia.
That request was refused and the decision to cancel his visa was made by the ABF at 7:42am, denying Mr Djokovic the opportunity to respond appropriately.
When the decision to quash the cancellation was announced, supporters of the Serbian tennis star celebrated outside the federal court, dancing, waving Serbian flags and chanting his name. The same happened outside the Park Hotel, where he had been held.
“It means a lot to a lot of people. We’re elated,” one fan said.
Later, supporters cheered as a car was seen leaving Mr Djokovic’s lawyer’s office in the Melbourne CBD.
It was not clear if Mr Djokovic was in the vehicle..
