Serbian tennis player Novak Djokovic won his court battle against the Australian government on Monday, a week after his visa was cancelled for providing insufficient evidence for receiving a COVID-19 vaccine exemption.
Mr Djokovic’s visa has been cancelled. Rules are rules, especially when it comes to our borders. No one is above these rules. Our strong border policies have been critical to Australia having one of the lowest death rates in the world from COVID, we are continuing to be vigilant.
— Scott Morrison (@ScottMorrisonMP) January 5, 2022
Djokovic, who is unvaccinated, entered the country to participate in the Australian Open after receiving a medical exemption at the last minute. However, the Australian Border Force turned down his medical exemption when he touched down in Melbourne last week. Djokovic has been held in detention at the Park Hotel in Carlton since Thursday.
Novak Djokovic's Father Urges People Around the World to Rise Up and Fight for Their Freedom pic.twitter.com/GbLY6ZZ59J
— Luke Rudkowski (@Lukewearechange) January 9, 2022
The 20-time Grand Slam champion launched a legal battle to challenge the government’s decision on Friday. Djokovic called the decision of barring his entry into Australia legally unreasonable and irrational. He claimed that his application met the criteria set by the government.
Defending his case at the Federal Circuit Court, Djokovic’s lawyer, Nick Wood, said the player had contracted COVID-19 in December, which formed the basis for his medical exemption. However, confusion persists over whether being infected by the virus in the last six months forms a valid basis for a vaccine exemption.
On the contrary, the prosecuting lawyers claim that the player was treated fairly and highlighted the vaccination advice, stating that a past infection does not constitute a valid legal exemption. In a document released by the Federal Circuit Court on Sunday, they alleged that Djokovic had used outdated ATAGI vaccination advice to support his argument.
The document further rejected Djokovic’s allegations that he wasn’t allowed procedural fairness during his interview at the Melbourne Airport and that he was denied access to his legal team. The prosecuting lawyers also claim that his evidence stated that he contracted the virus on December 16, but no evidence suggests that he was actually sick. They argued that the player said that he was fever-free 72 hours before flying to Melbourne, which indicates that he recovered from the virus and was thus eligible for vaccination.
BREAKING: Judge Anthony Kelly has quashed the cancellation of Novak Djokovic's visa - the world tennis number one will be allowed to stay in Australia and have his passport returned to him. He must be released from immigration detention immediately.
— Bridget Fitzgerald (@msbfitzgerald) January 10, 2022
However, Judge Anthony Kelly ordered Djokovic’s immediate release from the detention and called the cancellation of his visa unreasonable during Monday’s court hearing. The judge further ordered the Australian government to pay all of Djokovic’s costs.
Djokovic’s lawyer said he made a declaration that he was medically contraindicated and highlighted that the player did everything to provide authorities with the necessary evidence and documentation to enter the country lawfully.
BREAKING:
— Ben Rothenberg (@BenRothenberg) January 10, 2022
Djokovic wins Round 1 of his legal appeal on procedural grounds, quashing the border officer’s initial decision to cancel Djokovic’s visa.
The Australian government has expressed its readiness to recancel the visa and redetain Djokovic, so Round 2 is coming soon.
Meanwhile, the Australian government agreed to rescind the decision to cancel Djokovic’s visa. The government also acknowledged that they didn’t give him enough time to speak to others after notifying him of their intent to cancel his visa. However, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke can now personally intervene and cancel his visa on new grounds that the government fleetingly mentioned during the court hearing. If Hawke decides to do that, Djokovic could face a ban from Australia for three years.