It is likely that Djokovic’s triumph in the court is a hollow victory, with the government’s counsel indicating that Immigration Minister Alex Hawke would now decide whether to cancel the tennis star’s visa for a second time.
Novak Djokovic will be able to defend his Australian Open title, at least for the time being, after Judge Anthony Kelly of the Federal Circuit and Family Court annulled the termination of his visa following an agreement between the tennis star’s attorneys and the government.
After the hearing, both parties agreed that Djokovic had not been given enough time to reply to the notice of visa cancellation. Border authorities told him he had until 8:30 a.m. on Thursday to react, but his visa was revoked at 7:42 a.m. Kelly ordered Djokovic’s release on these grounds.
However, the government’s counsel soon hinted that Hawke would consider using his personal power to revoke Djokovic’s visa once more.
We should expect further litigation if such a ruling is made. Kelly stated that he expects to be “well informed in advance” if he is called upon in future hearings, noting that “the stakes have grown rather than receded.” Kelly also stated that if the minister’s personal power was used, Djokovic might be prevented from re-entering Australia for three years, however this exclusion term may be lifted.
The Australian government decided to rescind the decision to cancel Novak Djokovic’s visa, which means that the visa he arrived to Australia on would be reinstated, and he will be released from custody and get his passport and other personal things.
The controversy surrounding the nine-time Australian Open winner has captivated the athletic world since Djokovic was stopped upon arrival in Melbourne last week owing to concerns regarding his medical exemption from vaccination to compete in the event, which begins on January 17.
Following the loss of his visa, Djokovic was sent to immigration custody in Melbourne’s renowned Park Hotel. His attorneys subsequently filed a judicial review application to contest the cancellation. For the time being, Djokovic is unrestricted. But it’s unclear if he’ll spend the next few days on a tennis court or in a federal court.
The Australian Open starts on January 17. Djokovic is the current world number 1. If he wins the title, he will be the most successful men’s player in tennis.